Homestead laws - Information on the law about Homestead - Limitations
property acres maximum personal
Homestead laws are designed to protect small individual property owners, such as homeowners, from the everchanging economic climate of the United States. Often when the economy changes, small property owners are unable to meet the demands of their creditors. Homestead laws allow an individual to register a portion of his real and personal property as "homestead," thereby making that portion of the individual's estate off-limits to most creditors. The idea behind these homestead laws is the preservation of the family farm, home, or other assets in the face of severe economic conditions.
The items and amounts of money that can be set aside as a homestead are varied. The rules governing which property can be registered as homestead property seem to adhere to regional patterns. Real property that may be subject to the homestead exemptions vary in value from a $300 exemption from judgments in Pennsylvania to a $200,000 exemption for persons over age sixty-two in Massachusetts. They vary in character from the District of Columbia's allowable homestead of $200 worth of tools, and, if a professional, $300 worth of furniture, and $300 in clothes per person, to Colorado's unlimited acreage or Texas's 200 acres. In each case, the property that may be homesteaded is designed to perpetuate the family's estate and improve its chances for survival in hard times.
The homestead is a back-up and a type of insurance against unexpected catastrophe; it will not ordinarily protect you from a bad business deal or from ordinary bankruptcy. Nonetheless, because an unscrupulous person could manipulate the homestead protections as a shield from living up to his legal obligations, there is much case law on homesteads. Indeed, ordinary business and commercial creditors ordinarily may penetrate property set aside as homestead.
Table 42: Homestead
| State | Code Section | Maximum Value Of Property | Maximum Acreage (Urban) | Maximum Acreage (Rural) |
| ALABAMA | §6-10-2; Const. Art. X, §205 | Const.: $2,000; Stat.: $5,000 | Const.: Lot Stat.: Lot or track | Const.: 80 acres; Stat.: 160 acres |
| ALASKA | 09.38.010 | $54,000 | ||
| ARIZONA | 33-1101 | $100,000 | ||
| ARKANSAS | 16-66-210; Const. Art. IX, §4, §5 | $2,500. All homesteads less than $1,000 assessed valuation are exempt from all state taxes referred to in art. XVI, §18 of Ark. Constitution. If homestead's value exceeds $1,000, exemption shall apply to first $1,000 of valuation (CONST. amend. XXII §1). | 1 acre but not less than ¼ acre | Cannot exceed 160 acres, will not be reduced to less than 80 acres. |
| CALIFORNIA | Civ. Proc. §704.710, et seq. For money judgments | $150,000 if either spouse is over 65 or disabled and unable to engage in substantial employment; $150,000 if person is 55 or older with gross income of not more than $15,000 or if married not more than $20,000 and sale is involuntary; $75,000 if debtor or spouse resides in house with at least one member of the family with no interest in the homestead; $50,000 for all others | ||
| COLORADO | 38-41-201 | $45,000 | No limits to acreage | No limits to acreage |
| CONNECTICUT | 12-81(21) |
$10,000 if disabled veteran; only $5,000 exemption if loss the use of one arm or one leg; $3,000 maximum income if unmarried and over 65; $5,000 maximum income if married and over 65; $6,000 maximum income for all others--combined adjusted gross income and tax exempt interest |
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| DELAWARE | Tit. 10 §4902 (personal property); Tit. 22 §1002 |
$75 trade, business in New Castle, Sussex County; $50 trade, business in Kent County; homestead exemption for persons 65 and older to be determined by local ordinance |
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| DISTRICT OF COLUMBIA | 15-501 (personal property) | $2,575 automobile interest, household items up to $8,625, family pictures not in excess of $400 | ||
| FLORIDA | §196.031; Const. Art. X, §4 |
$10,000 if person is over 65; $9,500 if totally disabled and is a permanent resident for 5 consecutive years prior to claim; $25,000 for taxes levied by governing bodies of school districts; $5,000 for all others |
½ acre | 160 acres |
| GEORGIA | 44-13-1 | $5,000 |
Table 42: Homestead—Continued
| State | Code Section | Maximum Value Of Property | Maximum Acreage (Urban) | Maximum Acreage (Rural) |
| HAWAII | 651-92 | $30,000 if head of family or 65 years old; $20,000 for all others | ||
| IDAHO | 55-1001, 1003 | Lesser of $50,000 or total net value of lands, mobile home, or improvements. Net value means market value minus all liens and encumbrances. | ||
| ILLINOIS | 735 ILCS 5/12-901 | $7,500, if 2 or more own property, value of each proportional exemption can't exceed a total of $15,000 | ||
| INDIANA | 34-55-10-2 |
$7,500 for residential; $4,000 for other real estate or tangible personal property; $100 for intangible personal property; total value of property may not exceed $10,000 |
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| IOWA | 561.1, et seq. | $500 | ½ acre | 40 acres |
| KANSAS | 60-2301, 2304 | $1,000 in ornaments, $20,000 in transportation, $7,500 in trade tools | 1 acre | 160 acres |
| KENTUCKY | 427.010, .080 | $5,000 plus $3,000 in any personal property | ||
| LOUISIANA | Const. Art. VII, §20 | $7,500 | 160 acres | 160 acres |
| MAINE | Tit. 14 §4422 | Aggregate interest not to exceed $35,000 (or $70,000 if have minor dependents) including exemptions for car, clothing, furniture, jewelry, and tools of the trade. $70,000 if debtor or dependent is either 60 or older, disabled, or unable to engage in gainful employment | ||
| MARYLAND | Cts. & Jud. Proc. §11-504 | $3,000 plus an additional $2,500 in a Title 11 bankruptcy in value, in real property, or personal property | ||
| MASSACHUSETTS | Ch. 188 §1, 1A | $300,000 | ||
| MICHIGAN | 600.6023 | $3,500 realty, $1,000 trade tools | Lot | 40 acres |
| MINNESOTA | 510.01, et seq. | $200,000, or if primarily agricultural, $500,000 | ½ acre | 160 acres |
| MISSISSIPPI | 85-3-21 | $75,000 | 160 acres | 160 acres |
| MISSOURI | 513.475 | $15,000 | ||
| MONTANA | 70-32-101, 104 | $100,000 | ||
| NEBRASKA | 77-3502 (taxation); 40-101 (judgments) | $12,500 | 1 acre; 2 lots | 160 acres |
| NEVADA | 115.010 | $200,000 | ||
| NEW HAMPSHIRE | 480: 1 | $50,000 |
Table 42: Homestead—Continued
| State | Code Section | Maximum Value Of Property | Maximum Acreage (Urban) | Maximum Acreage (Rural) |
| NEW JERSEY | 54: 4-8.57, et seq.; 2A: 17-19 personal property |
$1,000 personal property; Homeowner, $150 min. rebate if income is less than $70,000; min. is $100 if income is between $70,000 and $100,000 Renter, $65 min. rebate if income is less than $70,000; min. is $35 if income is between $70,000 and $100,000 |
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| NEW MEXICO | 42-10-1, 9, 10 | $30,000 or in lieu thereof, $2,000 in any property; $500 for personal property | ||
| NEW YORK | Civ. Prac. L. & R. §5206 | $10,000 | ||
| NORTH CAROLINA | Const. Art. X, §2 | $1,000 | ||
| NORTH DAKOTA | 47-18-01 | $80,000 | ||
| OHIO | 2329.66 | $5,000 | ||
| OKLAHOMA | Tit. 31 §2 | 1 acre | 160 acres | |
| OREGON | 23.240, 23.250 | $25,000 or $33,000 if more than one debtor is subject to liability | 1 block | 160 acres |
| PENNSYLVANIA | Tit. 42 §8123; Tit. 72 §4751-3 | $300 monetary exemption from judgment only; for senior citizens, a formula based on a sliding scale of income up to $15,000 | ||
| RHODE ISLAND | 9-26-4, 4.1 | $1,200 for tools, $8,600 for furniture, $300 for books, $10,000 for motor vehicles; $150,000 in real property | ||
| SOUTH CAROLINA | 15-41-30 | $5,000 up to a maximum of $10,000 if there are multiple exemptions on same living unit; various kinds of personal property | ||
| SOUTH DAKOTA | 43-31-4 | 1 acre; mineral lands: 1 acre | 160 acres; mineral lands: 40 acres placer claim; 5 acres lode mining | |
| TENNESSEE | 26-2-301 | $5,000 or $7,500 if more than one debtor is subject to liability | ||
| TEXAS | Const. Art. XVI, §51 | 10 acres | 200 acres | |
| UTAH | 78-23-3 | $5,000 if property is not primary personal residence, $20,000 if property is primary personal residence | ||
| VERMONT | Tit. 27 §101 | $75,000 | ||
| VIRGINIA | 34-4 | $5,000 plus if support dependent, then $500 for each dependent | ||
| WASHINGTON | 6.13.010, 030 | Choice of $40,000 in real property or $15,000 in personal property | ||
| WEST VIRGINIA | §38-9-1; Const. Art. VI, §48 | $5,000 in real property and $1,000 in personal property |
Table 42: Homestead—Continued
| State | Code Section | Maximum Value Of Property | Maximum Acreage (Urban) | Maximum Acreage (Rural) |
| WISCONSIN | 815.20; 990.01 (14) | $40,000 | Not less than ¼ acre or more than 40 acres | Same as urban |
| WYOMING | 1-20-101 | $10,000 |
User Comments
11 months ago
My mother-in-law recently passed away, leaving approximately a total of $18,000.00 in credit card debt. One of the credit cards carries most of the debt in the amount of $10,000.00.
Her estate account only has $2,200.00, with no other funds.
Her grandchild has lived in her home with her kids for more than three years and they are making the house and land payments on time.
My question is: Will they be forced to move because of the credit card debt?
10 months ago
my husband and I bought a house with an attached garage little over 8 yrs ago. We was told where the property line is and it is marked. We have new neighbors who surveyed their land and now say they own 2 ft of our garage, our privacy fence, and half our pool. We went back to the owners before us and they told us the property line was what they told us when they got the property @ 1993 so this was been the property line for at least 18 years. can you help please. where do I need to get started in getting this solved? thank you
12 months ago
Hi, i have a question ive bought my mobile home about 10 years ago and my sister owns the land ive ben told my place has ben homestead and i do not understand the laws obtaing to this act. she also gave me a verbal consint saying this land my home is on will belong to me. so ive ben paying lot rent to her for about 10 years now . now within the last few months she has sold the property including where home is now. so just recently i recevied a letter in the mail saying i have to vacate the property with 30 days of receiving this letter seems lil funny to me if u have any information please let me know thanks also im in alabama if that helps thanx again
over 2 years ago
we have lived on this property for 9 years and have always been told that the tree line is the property line. well now the owners son has had his property servayed and its taking 1/2 my land with my new well that was put on the land 4 years ago and part of my sepct tank which was put in 30 years ago. and all my driveway. the air shot servay says that the tree line is the property line i have taken care of this land that he calls his now for 9 years . so now what can i do to keep my well and the land that i have called mine for 9 years. please help me if you can
7 months ago
I have just been handed a court summons for a credit card debt that I tried to resolve but was scammed. I was wondering about the homestead law in colorado. Does it protect the home from a lein if so how much will it cover and can i apply for a homestead before i go to court?
Urgent!!!!
Thank you
over 1 year ago
I have had a fence up since 1997 and I had some issues with my neighbor so I had my property line marked and now its saying i am on 3 feet of his property, so he wants me to take down my fence. How do I claim this property since it's been 13 years since I have had this fence up and nothing was ever an issue until now?
over 3 years ago
? if a property line has a fince 30 years. and is seperateing 2 properties. can a person remove said fince, and move it to give them more land. thow the fince was installed wrong. giveing more land to the other. 30 years ago. 50 ft. the new owner of said properties is building
homes on property and moved my 30 yesr fince. can he do this.? JESSE HARDING.
11 months ago
If a piece of property is homesteaded in South Carolina, is there any restrictions from selling the property? Also, can a piece of homesteaded property be passed on to heirs?
3 months ago
Excellent post and wonderful blog, I really like this type of interesting articles keep it u. I am really loving the theme/design of your web site.
India Palace
6 months ago
COULD YOU TELL ME THE LAW'S ON HOMESTEAD LAW'S, MY WIFE AND I HAVE LIVED IN OUR HOME HEAR IN OREGON FOR OVER 40 YEARS AND THE LENDER BANK OF AMERICA HAS REMOVED HER NAME OFF OF OUR MORTGAGE. I'M SURE THIS MUST NOT BE LEGAL. PLEASE LET ME KNOW.
THANK YOU GEORGE
about 1 month ago
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