Homestead Exemptions by State 2024

A homestead exemption is a legal provision that helps shield a home from some creditors following the death of a homeowner spouse or the declaration of bankruptcy. A homestead exemption can block the forced sale of a primary residence and provide tax relief for surviving spouses. Homestead exemptions are only for one primary residence, and no other exemption can be claimed on any other property anywhere.

Homestead exemption is a great option for those facing financial hardship, such as people filing for bankruptcy or widow or widower facing higher bills than he or she can no longer afford to pay due to the passing of a spouse. Homestead exemptions can protect a home up to a certain value of the homeowner's equity in it. If the homestead's equity exceeds the limit of the exemption in that state, creditors may force the debtors to sell. In this case, the debtors would receive the monetary amount of the bankruptcy exemption.

Tax reductions under homestead exemptions are usually a fixed discount on taxes. For example, a home valued at $150,000 using a $50,000 homestead exemption will be taxed on $100,000 of assessed value.

Homestead exemptions vary by state, including how it is applied and how much protection it offers against creditors. New Jersey and Pennsylvania have no homestead exemptions.

The current federal bankruptcy exemption amount as of 2019 is $25,150. While most states require homeowners to use the state's limit, some will allow the homeowner to use either the federal or the state.

Homestead Exemptions by State

Homestead protections vary significantly by state. In summary: some states allow you to protect up to 100% of your home; some states allow married couples to double their protection; some states require you to file a declaration of homestead before filing for bankruptcy (it is automatic in others); some states require you to follow the state homestead rules while some allow you to chooose between state and federal homestead exemptions. Below is a table of every state's homestead exemption amount and the amount for married couples/joint owners (if applicable).

Alabama

• Homestead Exception amount: $15,000
• Married Couples/Joint Owners extension: $30,000
• Status and notes: Ala. Code § 6-10-2, 27-14-29. Real property or mobile home to $15,000; property cannot exceed 160 acres.

Alaska

• Homestead Exception amount: $72,900
• Status and notes: Alaska Stat. § 09.38.010. Principal residence up to $72,900 (joint owners may each claim a portion, but total can’t exceed $72,900).

Arizona

• Homestead Exception amount: $150,000
• Status and notes: Ariz. Rev. Stat. § 33-1101A. $150,000 for real property, an apartment, or mobile home you occupy to; sale proceeds exempt 18 months after sale or until new home purchased, whichever occurs first.

Arkansas

• Homestead Exception amount: Unlimited
• Status and notes: Ark. Const. art. 4. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4 to 1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere. Not destroyed by death, divorce, or dependents’ emancipation.

California

• Homestead Exception amount: $300,000 to $600,000
• Status and notes: As of January 1, 2021, Cal. Civ. Proc. Code §704.730 allows for a minimum homestead exemption of $300,000 and a maximum of the median sale price for a single-family home in the prior calendar year in the county in question to a maximum of $600,000. Furthermore, the amounts are to be indexed annually with inflation starting January 1, 2022, based on the California Consumer Price Index published by the Dept. of Industrial Relations. Therefore exemption amounts will be automatically updated by county without the need for another act of legislature. (So, for example if the median home price in San Francisco County is $1.4 million, the maximum homestead exemption in that county is $600,000. If the median home price in Modoc county is $134,854, the maximum homestead exemption in that county is $300,000).

Colorado

• Homestead Exception amount: $250,000 to $350,000
• Status and notes: Colo. Rev. Stat. § 38-41-201. Real property, mobile home, manufactured home, or house trailer you occupy to $250,000; $350,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 2 years after received.

Connecticut

• Homestead Exception amount: $75,000
• Married Couples/Joint Owners extension: $150,000
• Status and notes: Conn. Gen. Stat. § 52-352b(t). Owner occupied real property, co-op or mobile manufactured home, to $75,000; applies only to claims arising after 1993, but to $125,000 in the case of a money judgment arising out of services provided at a hospital. Husband or wife may double the exemption amount.

Delaware

• Homestead Exception amount: $125,000
• Status and notes: 10 Del Code Ann. § 4914(c)(1). Equity in real property or equity in a manufactured home that is debtor’s principal residence.

Florida

• Homestead Exception amount: Unlimited
• Status and notes: Fla. Stat. Ann. §§ 222.01, 222.02, Fla. Const. Art. X, § 4. Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; boats generally not protected; spouse or child of deceased owner may claim homestead exemption (husband & wife may double). Bankruptcy requires 40 months residency in homestead.

Georgia

• Homestead Exception amount: $21,500
• Status and notes: Georgia Code Ann. § 44-13-100(a)(1) & (a)(6), 44-13-1. Real or personal property, including co-op, used as residence to $21,500 ($43,000 if married, and the property is solely owned by one spouse); up to $5,000 of unused portion of homestead may be applied to any property.

Hawaii

• Homestead Exception amount: $20,000
• Status and notes: Hawaii Rev. Stat. § 651-92(a). $30,000 for head of household or over 65.

Idaho

• Homestead Exception amount: $100,000
• Status and notes: Idaho Code § 50-1003. Real property or mobile home to $100,000; sale proceeds exempt for 6 months.

Illinois

• Homestead Exception amount: $15,000
• Married Couples/Joint Owners extension: $30,000
• Status and notes: I.L.C.S. §§ 5/12-901; 5/12-906. Real or personal property including a farm, lot, & buildings, condo, co-op, or mobile home to $15,000; sale proceeds exempt for 1 year.

Indiana

• Homestead Exception amount: Unlimited
• Status and notes: Ind. Code Ann. § 34-55-10-2(b)(1). Real or personal property used as residence to $19,300. Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse.

Iowa

• Homestead Exception amount: Unlimited
• Status and notes: Iowa Code Ann. § 561.16. Unlimited for 40 acres rural, 1/2 acre urban, homestead retains its prior protection despite annexation.

Kansas

• Homestead Exception amount: Unlimited
• Status and notes: Kan. Stat. Ann. § 60-2301. Unlimited for 160 acres rural or 1 acre urban.

Kentucky

• Homestead Exception amount: $5,000
• Status and notes: Ky. Rev. Stat. Ann. § 427.060 Real or personal property used as residence.

Louisiana

• Homestead Exception amount: $35,000
• Status and notes: La. Rev. Stat. Ann. § 20:1. La. Const. Art. 12:9. Property you occupy to $35,000 (if debt is result of catastrophic or terminal illness or injury, limit is full value of property as of 1 year before filing); cannot exceed 5 acres in city or town, 200 acres elsewhere.

Maine

• Homestead Exception amount: $47,500
• Status and notes: 14 Me. Rev. Stat. Ann. § 4422(1). Real or personal property (including cooperative) used as residence to $47,500; if debtor has minor dependents in residence, to $95,000; if debtor over age 60 or physically or mentally disabled, $95,000 (joint debtors in this category may double); proceeds of sale exempt for six months.

Maryland

• Homestead Exception amount: $22,975
• Status and notes: Md. Courts and Judicial Proceedings Code § 11-504. Owner occupied residential property or condo or co-op to $22,975. Property held as tenancy by the entirety is exempt against debts owed by only one spouse.

Massachusetts

• Homestead Exception amount: $500,000
• Status and notes: Mass. Gen. L. Ch. 188 §§ 1, 1A. $500,000 and $500,000 for each age 62+ or disabled person. Record a Declaration of Homestead with the county Registry of Deeds.

Michigan

• Homestead Exception amount: $30,000
• Status and notes: Mich. Comp. Laws Ann. § 600.5451(n). $30,000 / $45,000 if 65+ or disabled. ; property cannot exceed 1 lot in town, village, city, or 40 acres elsewhere; spouse or children of deceased owner may claim homestead exemption.

Minnesota

• Homestead Exception amount: $450,000
• Status and notes: Minn. Rev. Stat. Ann. § 510.02. $450,000 or, if the homestead is used primarily for agricultural purposes, $1,125,000; cannot exceed 1/2 acre in city, 160 acres elsewhere.

Mississippi

• Homestead Exception amount: $75,000
• Status and notes: Miss. Code Ann. § 85-3-21. $75,000 for 160 acres; sale proceeds exempt. Mobile home (as personal property) to $30,000 (Mobile home does not qualify as homestead unless you own land on which it is located).

Missouri

• Homestead Exception amount: $15,000
• Status and notes: Mo. Ann. Stat. § 513.475. Mobile home to $5,000.

Montana

• Homestead Exception amount: $250,000
• Status and notes: Mont. Code Ann. § 70-32-104. Real property or mobile home you occupy to $250,000; sale, condemnation, or insurance proceeds exempt for 18 months. Must record homestead declaration before filing for bankruptcy.

Nebraska

• Homestead Exception amount: $60,000
• Status and notes: Neb. Rev. Stat. §§ 40-101 to -108. Limited to head of household; cannot exceed 2 lots in city or village, 160 acres elsewhere; sale proceeds exempt 6 months after sale.

Nevada

• Homestead Exception amount: $550,000
• Status and notes: Nev. Rev. Stat. § 21.090(1)(l). Real property or mobile home to $550,000. Must record homestead declaration before filing for bankruptcy.

New Hampshire

• Homestead Exception amount: $100,000
• Status and notes: N.H. Code Ann. § 480:1. Real property or manufactured housing (and the land it’s on if you own it).

New Jersey

• Homestead Exception amount: None
• Status and notes: Survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse.

New Mexico

• Homestead Exception amount: $60,000
• Married Couples/Joint Owners extension: $120,000
• Status and notes: N.M. Stat. Ann. § 42-10-9. Joint owners may double.

New York

• Homestead Exception amount: $82,775 - $165,550
• Married Couples/Joint Owners extension: $165,500 - $331,100
• Status and notes: N.Y. Civ. Prac. L. and R. § 5206(a). Real property including co-op, condo, or mobile home, to $165,550 for the counties of Kings, New York, Queens, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam; $131,325 for the counties of Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster; $82,775 for the remaining counties in the state. Husband and wife may double.

North Carolina

• Homestead Exception amount: $35,000
• Married Couples/Joint Owners extension: $70,000
• Status and notes: N.C. Gen. Stat. § 1C-1601(a)(1). Real or personal property, including co-op, used as residence to $35,000. ($60,000 if 65 or older and spouse is deceased); up to $5,000 of unused portion of homestead may be applied to any property.

North Dakota

• Homestead Exception amount: $100,000
• Status and notes: N.D. Cent. Code §§ 47-18-01, 28-22-02(7). Real property, house trailer, or mobile home.

Ohio

• Homestead Exception amount: $136,925
• Status and notes: Ohio Rev. Code Ann. § 2329.66(A)(1). Real or personal property used as residence.

Oklahoma

• Homestead Exception amount: Unlimited
• Status and notes: 31 Okla. St. Ann. § 2. Unlimited for 160 acres rural, 1 acre urban. $5,000 limit if more than 25% of total sq. ft. area used for business purposes; okay to rent homestead as long as no other residence is acquired.

Oregon

• Homestead Exception amount: $40,000
• Status and notes: Or. Rev. Stat § 18.395. Real property, mobile home or houseboat you occupy or intend to occupy to $40,000 ($50,000 for joint owners); property cannot exceed 1 block in town or city or 160 acres elsewhere; sale proceeds exempt 1 year from sale, if you intend to purchase another home.

Pennsylvania

• Homestead Exception amount: None
• Status and notes: Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.

Rhode Island

• Homestead Exception amount: $500,000
• Status and notes: R.I. Gen. Laws § 9-26-4.1. Land & buildings you occupy or intend to occupy as a principal residence.

South Carolina

• Homestead Exception amount: $58,255
• Married Couples/Joint Owners extension: $116,510
• Status and notes: S.C. Code Ann. § 15-41-30(1). Real property, including co-op.

South Dakota

• Homestead Exception amount: Unlimited
• Status and notes: S.D. Cod. Laws § 43-45-3. Unlimited for 160 acres rural, 1 acre urban. Real property to unlimited value or mobile home (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing) to unlimited value; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn’t remarried) exempt for 1 year after sale.

Tennessee

• Homestead Exception amount: $5000
• Married Couples/Joint Owners extension: $7500
• Status and notes: Tenn. Code Ann. § 26-2-301. $7,500 unmarried / $12,500 unmarried 62+ / $20,000 married and one spouse 62+ / $25,000 married and both spouses 62+.

Texas

• Homestead Exception amount: Unlimited
• Status and notes: Tex. Const. Art. XVI, §§ 50, 51; Tex. Prop. Code §§ 41.001 to 002. Unlimited for 100 acres rural (single) / 200 acres rural (family), 1 acre urban. sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003). Must file homestead declaration, or court will file it for you for a fee. Due to Enron executives keeping multi-million dollar mansions, those convicted of securities violations are capped at $125,000.

Utah

• Homestead Exception amount: $20,000
• Married Couples/Joint Owners extension: $40,000
• Status and notes: Utah Code Ann. § 78-23-3. Real property, mobile home, or water rights to $30,000 if primary residence; $5,000 if not primary residence.

Vermont

• Homestead Exception amount: $125,000
• Married Couples/Joint Owners extension: $250,000
• Status and notes: 12 Vt. Stat. Ann. § 2740(19)(D). Real property or mobile home. May also claim rents, issues, profits, & out-buildings.

Virginia

• Homestead Exception amount: $5,000
• Married Couples/Joint Owners extension: $10,000
• Status and notes: Va. Code Ann. § 34-4. Must file homestead declaration before filing for bankruptcy. $5,000 plus $500 per dependent; rents & profits; sale proceeds exempt to $5,000 (husband & wife may double, unused portion of homestead may be applied to any personal property); if 65 or older, exemption is $10,000.

Washington

• Homestead Exception amount: $125,000 or that county’s prior year median home value, whichever is greater
• Status and notes: Wash. Rev. Code § 6.13.030. The homestead exemption amount is the greater of $125,000 or the county median sale price of a single family home in the preceding calendar year. Value is based one the Washington Center for Real Estate Research, or if the Washington Center for Real Estate Research no longer provides the data, a successor entity designated by the Office of Financial Management. If the homestead is subject a judgment in favor of the State of Washington for failure to pay that state’s income tax on benefits received while a resident of the state of Washington from a pension or other retirement plan, there is no homestead exemption.

West Virginia

• Homestead Exception amount: $25,000
• Married Couples/Joint Owners extension: $50,000
• Status and notes: W. Va. Code § 38-10-4(a). Real or personal property used as residence; unused portion of homestead may be applied to any property.

Wisconsin

• Homestead Exception amount: $75,000
• Married Couples/Joint Owners extension: $150,000
• Status and notes: Wisc. Stat. § 815.20. Property you occupy or intend to occupy; sale proceeds exempt for 2 years if you intend to purchase another home.

Wyoming

• Homestead Exception amount: $20,000
• Married Couples/Joint Owners extension: $40,000
• Status and notes: Wy. Stat. Ann. § 1-20-101. Real property or house trailer you occupy.

District of Columbia

• Homestead Exception amount: Unlimited
• Status and notes: D.C. Code § 15-501(a)(14) Any property used as a residence or co-op that debtor or debtor’s dependent uses as a residence.

Puerto Rico

• Homestead Exception amount: Unlimited
• Status and notes: PR Home Protection Act No. 195. “Ley del Derecho a la Protección del Hogar Principal y el Hogar Familiar.” [1] Requires filing a note that has been certified by a notary public with the Land Registrar that the property has been designated by the owner as “safe home,” i.e. “hogar seguro.”