For other versions of this document, see http://wikileaks.org/wiki/CRS-RL31079 ------------------------------------------------------------------------------ Order Code RL31079 CRS Report for Congress Received through the CRS Web Survey of State Homestead Exemptions Updated March 2, 2005 Robin Jeweler Legislative Attorney American Law Division Tara Alexandra Rainson Law Librarian Knowledge Services Group Congressional Research Service ~ The Library of Congress Survey of State Homestead Exemptions Summary This report surveys the homestead exemption laws of the fifty states and the District of Columbia with an emphasis on the amount of the various exemptions. It will not be routinely updated. Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Table 1. State Homestead Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Survey of State Homestead Exemptions Introduction The form and content of a proposed federal homestead exemption has been a controversial topic in the debate over bankruptcy reform. As Congress takes up the issue in the 109th Congress, many seek to learn what each state currently allows its residents as a homestead exemption, and whether state residents may chose between federal and state exemptions or whether they are limited to those under state law. Although many publications contain comprehensive state homestead surveys, this one is undertaken with the goal of being as up to date as possible. State laws were reviewed on the LEXIS computer database. A notation indicates the currency of the legislative term included in the review of each state's laws. The survey provides a thumbnail sketch of the character and amount of each state's homestead provision derived from its statutory language. This will enable the reader to appreciate the breadth and variety of state-law approaches to these exemptions. The emphasis, however, is on the amount of the exemption ­ not upon conditions for validating it. The survey does not address whether there is or, if so, the duration of an exemption for proceeds after the sale of a homestead; it also does not address exemptions established by case law for homesteads held as tenancies by the entirety. Nor does it consider provisions under the state laws that constitute exceptions to a homestead exemption. In some cases, de minimis "wildcard" exemptions for either real or personal property are noted, but the survey is not comprehensive with respect to them. They are more likely to be noted when a state has an extremely limited homestead exemption. Table 1. State Homestead Exemptions State Description of Applicability of Property and Amount Federal Exemptions Alabama Residential homestead up to Federal exemptions not Current through 2004 Regular $5,000 (not to exceed 160 permitted. Session acres). Code of Ala. § 6-10-11. Code of Ala. § 6-10-2. CRS-2 State Description of Applicability of Property and Amount Federal Exemptions Alaska Principal residence of the Federal exemptions not Current through all 2004 individual or the dependents permitted. Sessions of the individual, not to Alaska Statutes exceed $54,000. § 9.38.055. Alaska Statutes § 9.38.010. Arizona The person's interest in a Federal exemptions not Current through the 2nd residential homestead permitted. Regular and 2nd Special Sess. including a condominium, A.R.S. § 33-1133. of the 46th Legislature (2004) cooperative, or mobile home not to exceed $150,000. A.R.S. § 33-1101. Arkansas Rural homestead (outside any Residents may elect federal or Current through 2004 city, town, or village): not state exemptions. more than 160 acres of land, A.R.C. § 16-66-217. not to exceed in value $2,500, but in no event shall the homestead be reduced to less than 80 acres, without regard to value. Urban homestead (in any city, town, or village): not more than 1acre of land not to exceed $2,500 in value, but in no event shall the homestead be reduced to less than 1/4 acre, without regard to value. The homestead inures to the benefit of the minor children, after the demise of the parents. Ark. Const. Art. 9, §§ 4, 5; A.C.A. § 16-66-210. Additional exemption in federal bankruptcy proceedings: An unmarried debtor's aggregate interest, not exceeding $800 in value, and married debtors' aggregate interest, not exceeding $1,250 in value, in real or personal property that the debtor or a dependent uses as a residence. A.C.A. § 16-66-218. CRS-3 State Description of Applicability of Property and Amount Federal Exemptions California The amount of the homestead Federal exemptions not Current through Chapter 1 of exemption is: permitted. the 2005 Regular Session Cal. Civil Proc. Code (1) $50,000 unless the § 703.130 and § 703.140 judgment debtor or spouse of the judgment debtor who resides in the homestead is a person described in paragraph (2) or (3). (2) $75,000 if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead a member of a family unit, and there is at least one member of the family unit who owns no interest in the homestead or whose only interest in the homestead is a community property interest with the judgment debtor. (3) $150,000 if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead any one of the following: (A) A person 65 years of age or older. (B) A person physically or mentally disabled and unable to engage in gainful employment. (C) A person 55 years of age or older with a gross annual income of not more than $15,000 or, if the judgment debtor is married, a gross annual income, including the gross annual income of the judgment debtor's spouse, of not more than $20,000and the sale is involuntary. Cal. Code Civ. Proc. § 704.730. CRS-4 State Description of Applicability of Property and Amount Federal Exemptions California cont. See also: Election of exemptions if bankruptcy petition is filed. In a case under Title 11, the debtor's aggregate interest, not to exceed $17,425 in value, in real property that the debtor or a dependent of the debtor uses as a residence. Cal. Code Civ. Proc. § 703.140. Colorado A person's homestead Federal exemptions not Current through the 2004 (including manufactured permitted. Session homes and trailers) not C.R.S. 13-54-107. exceeding in value the sum of $45,000. C.R.S. 38-41-201. Connecticut A homestead to the value of No statutory prohibition. Use Current through January 1, $75,000. of federal exemptions 2005 Also, any interest in any permitted. property not to exceed in value $1,000. Conn. Gen. Stat. § 52-352b. Delaware In any federal bankruptcy or Federal exemptions not Current through 2004 Regular state insolvency proceeding, permitted. Session a debtor is authorized to 10 Del. C. § 4914. exempt property having an aggregate fair market value of not more than $5,000. 10 Del. C. § 4914. District of Columbia Property of the head of a No statutory prohibition. Use Current through the D.C. family or householder of federal exemptions Register, Nov. 29, 2004 residing in the District of permitted. Columbia includes the debtor's aggregate interest in real property or a cooperative used as the residence of the debtor. D.C. Code § 15- 501(a)(14). Florida A homestead, if located With the exception of 11 Current through the 2004 outside a municipality, to the U.S.C. § 522(d)(10), federal Legislative Session extent of 160 acres of exemptions not permitted. contiguous land and Fla. Stat. §§ 222.20, 222.201. improvements thereon, or if located within a municipality, to the extent of ½ acre of contiguous land. Fla. Const., Art. X § 4 (2004). CRS-5 State Description of Applicability of Property and Amount Federal Exemptions Georgia The debtor's aggregate Federal exemptions not Current through the 2004 interest, not to exceed permitted. General Assembly $10,000 in value, in real O.C.G.A. § 44-13-100. property or personal property that the debtor or a dependent of the debtor uses as a residence. O.C.G.A. §§ 44-13-1, 44-13- 100. Hawaii An interest in one parcel of No statutory prohibition. Use Current through the 2003 2nd real property of a fair market of federal exemptions Special Session value not exceeding $30,000 permitted. owned by one who is either the head of a family or an individual sixty-five years of age or older; an interest in one parcel of real property of value not exceeding $20,000 owned by others. HRS § 651-92. Idaho Homestead means a dwelling Federal exemptions not Current through the 2004 house or mobile home not to permitted. Session exceed the lesser of (i) the Idaho Code § 11-609. total net value of the land and improvements or (ii) $50,000. Idaho Code § 55-1003. Illinois Every individual is entitled to Federal exemptions not Current through Public Act 93- a homestead to the extent in permitted. 1080 of the 2004 Regular value of $7,500 of his or her 735 ILCS 5/12-1201. Session interest in a farm or lot of land and buildings thereon, a condominium, or personal property, owned or rightly possessed by lease or otherwise and occupied by him or her as a residence, or in a cooperative that owns property that the individual uses as a residence. 735 ILCS 5/12-901. CRS-6 State Description of Applicability of Property and Amount Federal Exemptions Indiana Real estate or personal Federal exemptions not Current through 2004 Regular property constituting the permitted. Session personal or family residence Burns Ind. Code Ann. of the debtor, or a dependent § 34-55-10-1. of the debtor, of not more than $7,500. The exemption is individually available to joint debtors concerning property held by them as tenants by the entireties. Other real estate or tangible personal property $4,000. Burns Ind. Code Ann. § 34-55-10-2. Iowa If within a city plat, it must Federal exemptions not Current through laws effective not exceed ½ acre in extent, permitted. July 1, 2004 otherwise it must not contain Iowa Code § 627.10. in the aggregate more than 40 acres, but if, in either case, its value is less than $500, it may be enlarged until it reaches that amount. Iowa Code § 561.2 (2001). Kansas A homestead to the extent of With the exception of 11 Current through the 2003 160 acres of farming land, or U.S.C. § 522(d)(10), federal Regular Session of one acre within the limits exemptions not permitted. of an incorporated town or K.S.A. § 60-2312. city, or a manufactured home or mobile home, occupied as a residence together with all the improvements on the same. K.S.A. § 60-2301. Kentucky An individual debtor's Federal exemptions not Current through the 2004 1st aggregate interest, not to permitted. Extraordinary Session exceed $5,000 in value, in K.R.S. § 427.170. real or personal property that such debtor or a dependent of such debtor uses as a permanent residence. K.R.S. § 427.060. Every debtor shall have a general exemption not to exceed $1,000 in value to be applied toward any property, real or personal, tangible or intangible in his estate when he has filed for bankruptcy under the provisions of The Bankruptcy Code of 1978. K.R.S. § 427.160 CRS-7 State Description of Applicability of Property and Amount Federal Exemptions Louisiana The legislature is to provide Federal exemptions not Current through the 2004 by law for exemptions from permitted. Session seizure and sale, as well as La. R.S. 13:3881. waivers of and exclusions from such exemptions. The exemption shall extend to at least $15,000 in value of a homestead, as provided by law. La. Const. Art. XII, § 9. Homestead consists of a residence and the land on which the residence is located, including any building and appurtenances located thereon, and any contiguous tracts up to a total of 5 acres if the residence is within a municipality, or up to a total of 200 acres if the residence is not located in a municipality. Exemption extends to $25,000 in value of the homestead, except in the case of obligations arising directly as a result of a catastrophic or terminal illness or injury, in which case the exemption applies to the full value of the homestead based upon its value one year before. The exemption provided extends to the surviving spouse or minor children of a deceased owner and when the homestead is occupied as such. La. R.S. 20:1. CRS-8 State Description of Applicability of Property and Amount Federal Exemptions Maine Except as provided Federal exemptions not Current through the 2004 otherwise, the debtor's permitted. Second Session aggregate interest, not to 14 M.R.S. § 4426. exceed $25,000 in value, in real or personal property that the debtor or a dependent of the debtor uses as a residence, provided that if minor dependents of the debtor have their principal place of residence with the debtor, the debtor's aggregate interest may not exceed $70,000 and provided further that if the debtor's interest is held jointly with any other person or persons, the exemption may not exceed in value the lesser of $35,000 or the product of the debtor's fractional share times $70,000. The debtor's aggregate interest, not to exceed $70,000 in value, in property described above, if the debtor or a dependent of the debtor is either a person 60 years of age or older or a person physically or mentally disabled and because of such disability is unable to engage in substantial gainful employment and whose disability has lasted or can be expected to last for at least 12 months or can be expected to result in death; provided that if the debtor's interest is held jointly with any other person or persons, the exemption shall not exceed in value the lesser of $70,000 or the product of the fractional share of the debtor's interest times $140,000. 14 M.R.S. § 4422. CRS-9 State Description of Applicability of Property and Amount Federal Exemptions Maryland Cash or property of any kind Federal exemptions not Current through the 2004 First equivalent in value to $6,000 permitted. Special Session is exempt. Md. Courts and Judicial Proceedings Code Ann. § In addition, in any 11-504. proceeding under Title 11 of the United States Code, an individual debtor may exempt the debtor's aggregate interest, not to exceed $5,000 in value, in real property or personal property. Md. Courts and Judicial Proceedings Code Ann. § 11-504. Massachusetts An estate of homestead to the No statutory prohibition. Use Current through Ch. 4, 2005 extent of $500,000 in land of federal exemptions First Annual Session and buildings may be permitted. acquired by an owner or owners of a home or one or all who rightfully possess the premise by lease or otherwise and who occupy or intend to occupy said home as a principal residence. Mass. Ann. Laws ch. 188, § 1. The real property or manufactured home of persons sixty-two years of age or older, regardless of marital status, or of a disabled person, as defined, shall be protected against attachment, seizure or execution of judgment to the extent of $ 500,000. Mass. Ann. Laws ch. 188, § 1A CRS-10 State Description of Applicability of Property and Amount Federal Exemptions Michigan A homestead not exceeding No statutory prohibition. Use Current through the 2004 40 acres of land and the of federal exemptions Legislation dwelling house and permitted. appurtenances, and not included in any recorded plat, city, or village, or, instead, a quantity of land not exceeding in amount 1 lot, being within a recorded town plat, city, or village, and the dwelling house and appurtenances on that land, owned and occupied by any resident of this state, not exceeding in value $3,500. If the owner of a homestead dies, leaving a surviving spouse but no children, the homestead shall be exempt, and the rents and profits of the homestead shall accrue to the benefit of the surviving spouse before his or her remarriage, unless the surviving spouse is the owner of a homestead in his or her own right. MCLS § 600.6023. Laws on the exemption of homestead property from levy and execution are applicable to condominium units occupied as homesteads. MCLS § 559.214. CRS-11 State Description of Applicability of Property and Amount Federal Exemptions Minnesota The homestead may include Except as provided, the Current through 2005 Regular any quantity of land not exemptions set forth in 11 Session Ch. 1 exceeding 160 acres and not U.S.C. § 522(d) are available. included in any city. If the homestead is in a city, its Joint petition. When a area must not exceed ½ acre. husband and wife are joined The value of the homestead in a petition for bankruptcy, exemption, whether the they may jointly elect to exemption is claimed jointly utilize either the applicable or individually, may not exemption provisions exceed $200,000 or, if the pursuant to Minnesota law or homestead is used primarily pursuant to subsection (d) of for agricultural purposes, section 522 of the Bankruptcy $500,000. Act, United States Code, title Minn. Stat. § 510.02. 11, section 522(d), but not both. Individual petition. When a petition for bankruptcy is filed individually, and not jointly, for a husband or a wife, (a) one spouse shall not claim any exemption pursuant to Minnesota law for a period of three years from the date of filing if the other spouse has claimed any exemption under subsection (d) of section 522 of the Bankruptcy Act, United States Code, title 11, section 522(d); and (b) one spouse shall not claim any exemption pursuant to subsection (d) of section 522 of the Bankruptcy Act, United States Code, title 11, section 522(d), for a period of three years from the date of filing if the other spouse has claimed any exemption pursuant to Minnesota law. Minn. Stat. § 550.371. Mississippi State householders are Federal exemptions not Current through the 2004 entitled to hold exempt from permitted. Regular Legislative Session seizure or sale, the land and Miss. Code Ann. § 85-3-2. buildings owned and occupied as a residence by him, or her, but the quantity of land shall not exceed 160 acres, nor the value thereof, inclusive of improvements, the sum of $75,000. Miss. Code Ann. § 85-3-21. CRS-12 State Description of Applicability of Property and Amount Federal Exemptions Missouri The homestead of every Federal exemptions not Current through all the 2004 person, consisting of a permitted. Legislation dwelling house and § 513.427 R.S.Mo. appurtenances, and the land used in connection therewith, not exceeding the value of $15,000, shall, together with the rents, issues and products thereof, be exempt. § 513.475 R.S.Mo. Montana A homestead may not exceed Federal exemptions not Current through the 2003 in value $ 100,000. permitted. Regular Session Mont. Code Ann. Mont. Code Ann. § 70-32-104. § 31-2-106. Nebraska A homestead not exceeding Federal exemptions not Current through all 2004 $12,500 in value shall consist permitted. Legislation of the dwelling house in R.R.S. Neb. § 25-15,105. which the claimant resides, its appurtenances, and the land on which the same is situated, not exceeding 160 acres of land, to be selected by the owner, and not in any incorporated city or village, or, a quantity of contiguous land not exceeding 2 lots within any incorporated city or village, and shall be exempt. R.R.S. Neb. § 40-101. CRS-13 State Description of Applicability of Property and Amount Federal Exemptions Nevada A homestead as provided by Federal exemptions not Current through the 2004 law, shall be exempt from permitted. Special 1st Session forced sale under any process Nev. Rev. Stat. Ann. § of law, and shall not be 21.090. alienated without the joint consent of husband and wife when that relation exists; Nev. Const. art. 4, § 30. The exemption extends only to that amount of equity in the property held by the claimant that does not exceed $200,000 in value. Nev. Rev. Stat. Ann. § 115.010. The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed $200,000 in value and the dwelling is situate upon lands not owned by him. Nev. Rev. Stat. Ann. § 21.090. New Hampshire Every person is entitled to No statutory prohibition. Use Current through the 2004 $100,000 worth of his or her of federal exemptions Regular Session homestead, or of his or her permitted. interest therein, as a homestead. The homestead right shall exist in manufactured housing. RSA 480:1. New Jersey No specific homestead No statutory prohibition. Use Current through New Jersey exemption of federal exemptions Laws 2004 permitted. New Mexico Each person shall have No statutory prohibition. Use Current through 2004 exempt a homestead in a of federal exemptions dwelling house and land permitted. occupied by him. Such a person has a homestead of $30,000 exempt from attachment, execution or foreclosure by a judgment creditor and from any proceeding of receivers or trustees in insolvency proceedings. N.M. Stat. Ann. § 42-10-9. CRS-14 State Description of Applicability of Property and Amount Federal Exemptions New York Property of one of the Federal exemptions not Current through 2004 following types, not permitted. exceeding $10,000 in value, NY CLS Dr & Cr § 284. owned and occupied as a principal residence, is exempt from application to the satisfaction of a money judgment: 1. a lot of land with a dwelling thereon, 2. shares of stock in a cooperative apartment corporation, 3. units of a condominium apartment, or 4. a mobile home. NY CLS CPLR § 5206. North Carolina The debtor's aggregate Federal exemptions not Current through 2004 interest, not to exceed permitted. $10,000 in value, in real N.C. Gen. Stat. § 1C-1601. property or personal property that the debtor or a dependent of the debtor uses as a residence, or in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence. N.C. Gen. Stat. § 1C-1601. North Dakota The homestead of any Federal exemptions not Current through the 2003 person, whether married or permitted. Session unmarried, shall consist of N.D. Cent. Code, § 28-22-17. the land upon which the claimant resides, and the dwelling house on that land in which the homestead claimant resides, the total not to exceed $80,000 in value, over and above liens or encumbrances or both. N.D. Cent. Code, § 47-18-01. Ohio A person's interest, not to Federal exemptions not Current through Jan. 1, 2005 exceed $5,000 in one parcel permitted. or item of real or personal O.R.C. Ann. 2329.662. property that the person or a dependent of the person uses as a residence. O.R.C. Ann. 2329.66. CRS-15 State Description of Applicability of Property and Amount Federal Exemptions Oklahoma The homestead of any Federal exemptions not Current through the 2004 person, not within any city or permitted. Session town, shall consist of not 31 Okl. St. § 1. more than 160 acres of land, which may be in one or more parcels, to be selected by the owner. The homestead of any person within any city or town, owned and occupied as a residence only, or used for both residential and business purposes, shall consist of not exceeding 1acre of land. At least 75% of the total square foot area of the improvements for which a homestead exemption is claimed must be used as the principal residence in order to qualify for the exemption. If more than 25% of the total square foot area of the improvements for which a homestead exemption is claimed is used for business purposes, the homestead exemption amount shall not exceed $5,000. 31 Okl. St. § 2. CRS-16 State Description of Applicability of Property and Amount Federal Exemptions Oregon A homestead shall be exempt Federal exemptions not Current through 2003 from sale on execution, from permitted. Legislation the lien of every judgment O.R.S. § 18.300. and from liability in any form for the debts of the owner to the amount in value of $25,000, except as otherwise provided by law. When two or more members of a household are debtors whose interests in the homestead are subject to sale on execution, the lien of a judgment or liability in any form, their combined exemptions under this section shall not exceed $33,000. O.R.S. § 18.395. The homestead mentioned in ORS 23.240 shall consist, when not located in any town or city laid off into blocks and lots, of any quantity of land not exceeding 160 acres, and when located in any such town or city, of any quantity of land not exceeding one block. However, a homestead under this section shall not exceed in value the sum of $25,000 or $33,000, whichever amount is applicable under O.R.S. 23.240. O.R.S. § 18.402. Pennsylvania No specific homestead No statutory prohibition. Use Current through 2004 provision. of federal exemptions permitted. In addition to any other property specifically exempted, property of the judgment debtor (including bank notes, money, securities, real property, judgments or other indebtedness due the judgment debtor) to the value of $ 300 shall be exempt from attachment or execution on a judgment. 42 Pa. C.S. § 8123. CRS-17 State Description of Applicability of Property and Amount Federal Exemptions Rhode Island Homestead estate exemption No statutory prohibition. Use Current through January 2004 ­ an estate of homestead to of federal exemptions the extent of $200,000 in the permitted. land and buildings may be acquired pursuant to this section by an owner or owners of a home or one or all who rightfully possess the premise by lease or otherwise, and who occupy or intend to occupy said home as a principal residence. R.I. Gen. Laws § 9-26-4.1. South Carolina The debtor's aggregate Federal exemptions not Current Through the 2004 interest, not to exceed $5,000 permitted. Regular Session in value, in real property or S.C. Code Ann. § 15-41-35. personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, except that the aggregate value of multiple homestead exemptions allowable with respect to a single living unit may not exceed $10,000. If there are multiple owners of such a living unit exempt as a homestead, the value of the exemption of each individual owner may not exceed his fractional portion of $10,000. S.C. Code Ann. § 15-41-30. CRS-18 State Description of Applicability of Property and Amount Federal Exemptions South Dakota The homestead of every Federal exemptions not Current through the 2004 family, so long as it permitted. Session continues to possess the S.D. Codified Laws §§ character of a homestead is 43-31-30, 43-45-13. exempt from judicial sale, from judgment lien, and from all mesne or final process from any court, to the extent and as provided in this code. S.D. Codified Laws § 43-31-1. If within a town, the homestead must not exceed 1 acre in extent, and if not within a town, it must not embrace in the aggregate more than 160 acres. If the homestead is claimed upon any land, the title or right of possession to which was acquired or claimed under the laws of the United States relating to mineral lands, then the area of the homestead, if within a town plat, shall not exceed one acre, and if without a town plat it must not exceed 40 acres. S.D. Codified Laws § 43-31-4. CRS-19 State Description of Applicability of Property and Amount Federal Exemptions Tennessee An individual, whether a Federal exemptions not Current through the 2004 head of family or not, shall permitted. Session of the 103rd General be entitled to a homestead Tenn. Code Ann. § 26-2-112. Assembly exemption upon real property which is owned by the individual and used by the individual or the individual's spouse or dependent, as a principal place of residence. The aggregate value of such homestead exemption shall not exceed $5,000; provided, individuals who jointly own and use real property as their principal place of residence shall be entitled to homestead exemptions, the aggregate value of which exemptions combined shall not exceed $7,500, which shall be divided equally among them in the event the homestead exemptions are claimed in the same proceeding; provided, if only one (1) of the joint owners of real property used as their principal place of residence is involved in the proceeding wherein homestead exemption is claimed, then the individual's homestead exemption shall be $5,000. Tenn. Code Ann. § 26-2-301. CRS-20 State Description of Applicability of Property and Amount Federal Exemptions Texas The homestead, not in a town No statutory prohibition. Use Current through the 2004 or city, shall consist of not of federal exemptions Session more than 200 acres of land, permitted. which may be in one or more parcels, with the improvements thereon; the homestead in a city, town or village, shall consist of a lot or contiguous lots amounting to not more than 10 acres of land, together with any improvements on the land; provided, that the homestead in a city, town or village shall be used for the purposes of a home, or as both an urban home and a place to exercise a calling or business, of the homestead claimant, whether a single adult person, or the head of a family. Tex. Const. Art. XVI § 51. See also Tex. Prop. Code § 41.001 (2004) entitled "Interests in Land Exempt from Seizure" describing encumbrances that may be properly fixed on homestead property. Utah An individual is entitled to a Federal exemptions not Current through the 2004 4th homestead exemption permitted. Special Session consisting of property in an Utah Code Ann. § 78-23-15. amount not exceeding: (i)if the property is not the primary personal residence of the individual, $5,000 or $10,000 if owned jointly and (ii) if it is the primary personal residence, $20,000 in value or $40,000 if owned jointly. "Primary personal residence" means a dwelling or mobile home and the land surrounding it, not exceeding one acre. Utah Code Ann. § 78-23-3. CRS-21 State Description of Applicability of Property and Amount Federal Exemptions Vermont The homestead consisting of No statutory prohibition. Use Current through June 4, 2004 a dwelling house, of federal exemptions outbuildings and the land permitted. used in connection therewith, not exceeding $75,000 in value, and owned and used or kept as a homestead shall be exempt from attachment and execution. 27 V.S.A. § 101. Virginia Every householder shall be Federal exemptions not Current through 2004 Special entitled to hold exempt real permitted. Session II and personal property, or Va. Code Ann. § 34-3.1. either, to be selected by the householder, not exceeding $5,000 in value. In addition, if a householder supports dependents, the householder shall be entitled to hold exempt property not exceeding $500 in value for each dependent. Va. Code Ann. § 34-4. A veteran with a service- connected disability of 40% or more is entitled to an additional exemption of $2000 in real or personal property. Va. Code. Ann. §34-4.1. Washington A homestead may consist of No statutory prohibition. Use Current through Chapter 2 of lands, regardless of area, but of federal exemptions the 2005 Regular Session the homestead exemption permitted. amount shall not exceed the lesser of (1) the total net value of the lands, mobile home, improvements, and other personal property or (2) the sum of $40,000 in the case of lands, mobile home, and improvements. Rev. Code Wash. (ARCW) § 6.13.030. CRS-22 State Description of Applicability of Property and Amount Federal Exemptions West Virginia Any husband, wife, parent or Federal exemptions not Current through the 2004 other head of a household permitted. Third Extraordinary Session of shall by operation of law W. Va. Code § 38-10-4. the Legislature have a homestead exemption to the value of $5,000 subject to the provisions of section 48, article VI of the Constitution of this State. W. Va. Code § 38-9-1. Wisconsin An exempt homestead No statutory prohibition. Use Current through 2003 Act 27 selected by a resident owner of federal exemptions and occupied by him or her permitted. shall be exempt from liability for the debts of the owner to the amount of $40,000. Wis. Stat. § 815.20 Wyoming Every resident of the state is Federal exemptions not Current through 2004 Special entitled to a homestead not permitted. Session exceeding $10,000.00 in Wyo. Stat. § 1-20-109. value. Wyo. Stat. § 1-20-101. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL31079