Fully protect your home equity by filing a Homestead Declaration form today

A Homestead Declaration is a legal document which can help to protect your house and property in times of economic hardship, and it has nothing to do with the process of filing a claim for HOMESTEAD EXEMPTION!! Rather, it's a short, notarized claim form that can oftentimes prevent the attachment of your land and dwelling by creditors.

Homestead Exemption is a property tax exemption and has separate legal or statutory basis. It is set up to allow a resident to exclude from the calculation of their ad valorem taxes of their residence. You must not confuse homestead property tax exemption with the Declaration of Homestead process, and do not allow anyone to convince you it is the same thing. IT IS NOT! There are separate and distinct laws and state statutes involved in each of these processes. A Homestead Declaration, when properly filed, is an asset protection exemption which can protect your home and property in times of economic hardship from liens, judgments and creditors. It has nothing to do with the process of filing a claim for a real estate tax break. Rather, it is a notarized, recorded claim by you that this is your homestead and cannot be subject to attachments, judgments or creditors.

Homestead rights don't exist under common law, but they have been enacted in at least 27 states: Alabama, Arizona, Arkansas, California, Florida, Georgia, Idaho, Illinois, Kansas, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, Vermont, Washington, West Virginia, Wisconsin, and Wyoming. If you own, and live on, property in any of these states, you should definitely take the time to file this important document.

Our research shows that NO statutes regarding Homestead Exemption rights are in Pennsylvania, Rhode Island, New Jersey and Delaware. In Alabama, Louisiana, Massachusetts, Mississippi, Montana and Nebraska, a Homestead Declaration must be filed. In Alaska, Kentucky, Michigan, Missouri, Nevada and New Mexico a Homestead Declaration is not required. The balance of the states have elective filing by the homeowner. Though they vary from one state to another, homestead statutes are similar in intent: They're designed to preserve family home, which might otherwise be taken in times of monetary misfortune or upon the death of the head of the household.

A legal judgment resulting from business losses, auto accidents, or suddenly inherited debts could take a family's savings . . . but with the safeguards provided by homestead statutes, their house and land will be protected up to the amount of exemption allowed by the state. You can protect a million dollar home as well as a mobile home, so why not file a Homestead Declaration to protect your home before anything happens in whatever state you may reside?

Some debts must be honored, with or without a Homestead Declaration. If you have put your property up as collateral on a loan, the homestead exemption does not apply as it can be foreclosed upon if the mortgage falls behind. Other debts not covered include property taxes and special assessments. And if you fail to pay for improvements on your house or land, a mechanic's lien can be placed on your property and sold in order to collect.

Although the cash value of homestead exemptions does vary, in most areas it's periodically adjusted upward or downward to keep pace with inflation and/or deflation. Fortunately, homestead laws are usually—in legal terms—"liberally construed". An apartment (if you own it), a mansion, a cabin, a mobile home, or a tent can qualify as a homestead . . . provided the dwelling is the "bona fide residence of the claimant". Generally speaking, homestead exemptions apply to single person homeowner or married couples and their families. Some states do have a "head-of-household" exemption that covers two or more people living as a family unit, provided one person supports the other members of the group. Should one spouse die, the survivor and any children are protected under the exemption until the survivor dies and the youngest child is of age. And naturally, the exemption terminates if you sell the property. Claims can be filed on successive dwelling places, but only on one homestead at a time.

If you're among those folks lucky enough to live in a state that recognizes the Homestead Declaration, you'd be wise to file IMMEDIATELY! Downloading the form is inexpensive; easy to fill out and record at the courthouse and this simple action can give you peace of mind today, save you time, aggravation and money in the future, and it just might save your home.

What is the difference between Homestead Exemption and Homestead Declaration?

Homestead Exemption is when you are allowed a determined dollar amount off of your tax assessment by and from the particular state and/or county your homestead is located. The state's homestead tax exemption is not a constitutional right. The tax exemption is also incorrectly referred to in many other ways by unknowledgeable realtors, brokers, attorneys and homeowners. 'Homestead Exemption' also, albeit incorrectly, sometimes refers to asset protection of a home or of real property as previously mentioned. Your home probably qualifies for a 'Homestead Exemption', which is related to ad valorem property taxes and assessments (Real Estate Property Taxes) which does not fully protect your home and real property from lawsuits, judgments or creditors. Homestead protection is not as 'automatic' as most people widely and commonly assume. The adage that 'they can't take your house' does not always ring true. In fact, it happens more today in the US than it did during the Depression.

Homestead Declaration on the other hand is a sworn statement by the homeowner of their election to claim this property as their homestead and as such has recorded same with the county clerk. The statute allows homeowners to 'designate' and 'set apart' their homestead, to protect it from a forced sale to satisfy creditors, and to protect its equity.

The exemption of a homestead from ad valorem taxation is quite a different thing from the exemption of a homestead from seizure and sale for debts, and therefore homestead issues and court decisions for tax purposes are not necessarily relevant to issues and decisions for forced sale purposes, the statutory provisions being entirely different as there are many case studies on this subject.

What kinds of property may be declared as a homestead?

The answer to this can vary from state to state, but a general legal definition is that a 'homestead' can be any structure, condominium, manufactured or mobile home, a motor home, vehicle, boat or vessel, tent, or any other livable structure usually on owned or leased land as long as the resident owns the 'home', or has an equity interest in it, and resides there. A homestead is usually the structure that a person lives in and land on which it sits. The property must be a person's primary residence for it to be eligible for a homestead declaration. The term homestead also includes any improvements legally defined as "appurtenances" to the land, such as a fence, addition or a gazebo. In fact, you may not have to be a resident of some states as long as the property you live in can be legally claimed as a homestead.

Who decides to declare a homestead?

A single person, or in the case of a married couple, either or both spouses.

Does a homestead declaration prevent my home from being sold to pay all judgments?

NO. A Homestead Declaration will not protect you from the following:
• Unpaid Taxes.
• Unpaid mortgage, trust deed or other loan arrangement used to purchase or refinance your property or improvements to your property.
• A mechanic’s lien or other obligation to pay because of improvements made to your property.
• Any lien to which you agree by accepting the property subject to codes, covenants and restrictions, deed restrictions or equitable servitudes.

If someone obtains a judgment against me, how will a declaration of homestead protect my home?

For most judgments against you, a homestead declaration protects the equity you have in your home up to a given amount depending upon the state you live.

Suppose I have more equity in my home than allowed by the statutes, what are the procedures if there is a judgment against me?

A judge normally will appoint appraisers who will determine the value of the property, your equity in it and whether the property can be divided in such a way as to protect your home while paying your judgment creditors. If such a division proves to be impractical, the property will be sold and you will receive the allowed limit from the sale under homestead rights in the state you reside, which cannot be seized to pay the judgment.

What information must I include in a homestead declaration?

If an unmarried person is making the homestead declaration, it must state that the person is the homeowner. If a married person or persons sign the homestead declaration, it must state if the person or persons are married.
• Regardless of the martial status of the signer of the declaration, it must state that the intention is to use and claim the property as their homestead.
• When the homestead declaration is signed by a married person or persons, it must state that the spouse or spouses are residing with their family, or with a person or persons under their care and maintenance, on the homestead premises.
• If the premises are the separate property of one spouse, both spouses must join in signing the homestead declaration.
• The premises claimed should be described by a full address and a full legal description. The deed to your property will contain the legal description.

May a homestead be filed for property held by the type of title known as “tenancy in common?”

Yes. Each tenant in common may declare a homestead covering his or her interest in the property. The homestead protection is subject to the rights of each co-tenant to enforce partition of the property.

NOTE: Although it may not be required in the state you reside that each tenant file a separate form, we recommend that non-married joint tenants each file their own separate homestead declaration just to be on the safe side.

What is the appropriate time to file a homestead declaration?

If you have not done so already, it is recommended you do so IMMEDIATELY! No one can predict when death or sudden incapacity may strike, so it is prudent to file a homestead declaration upon purchasing a home and taking title to it, or as soon as possible thereafter. However, in certain states a homestead will protect up to a set amount of your equity in your home provided that it is recorded with the County Recorder at any time before proceedings are instituted to cause the forced sale of your home to satisfy a judgment. So, even after a judgment has been entered against you, you should record a homestead declaration. This may vary from state to state, so check our “Homestead Laws” to see if your state allows this action by you.

How do I file a homestead declaration?

You can download the form you need (couples or single) on this site. After the necessary information has been filled in, the person or persons who will sign the homestead declaration must sign it in the presence of a Notary Public, who will notarize the signature's. Finally, the notarized Homestead Declaration must be filed with the Court Recorder in the county in which the property is located. There is usually a small fee for notarization of the document and for the recording with the document.

If I buy your simple, easy and inexpensive form on line, will it be as good as the others I see who charge more?

A Homestead Declaration when properly prepared and recorded with the court is just as good if it was given to you or you paid for it. A few states provide the document free for its residents and if you can get it that way, please do so. We established Homestead Declaration Services to provide ONLY one thing to every homeowner in America: An inexpensive, convenient document they could download and complete without a hassle. We think we have done just that.

Can I prepare a homestead declaration myself?

The declaration itself is a simple one-page form. If you follow the proper steps outlined in the instructions provided, particularly in noting the correct legal description of the property and having it notarized and recorded, you should have no difficulty. If you feel unsure or have specific legal problems arising out of a judgment or potential judgment against you, you may wish to consult an attorney

Do I need an attorney to file my Declaration of Homestead?

No! Most homeowners file the Declaration of Homestead without the use of an attorney. But, if you feel it necessary to consult with your attorney, please do so by all means. Homestead Declaration Services only offer information regarding the Declaration of Homestead and the form necessary to obtain such a filing, and in no way and at no time, do we provide or offer legal counsel and/or opinions.

Alabama:	For Alabama, the homestead exemption is limited to 160 acres, and the maximum value that can be claimed is $5,000. The exemption does not apply against debts for improvements made to the real estate, mortgages, and judgments arising from the commission of a tort. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Alabama, a designation or plat of a homestead must be filed with the office of the probate judge of the county where the real estate is located. The statement must be a sworn and acknowledged statement or declaration describing the homestead. Alabama Code §6-10-2-122; 43-8-110.
Alaska:	For Alaska, the homestead exemption is limited to $54,000. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Alaska, a designation or plat of a homestead does not need to be filed. Alaska Code §9.38.010.
Arizona:	For Arizona, the homestead exemption is limited to $100,000 in value. The exemption does not apply against debts for purchase of the homestead or improvement of it. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. Arizona Code §33-453, 1101.
Arkansas:	For Arkansas, the homestead exemption is limited to 1/4 acre in a city and 80 acres elsewhere. The exemption does not apply against taxes, debts for purchase, and improvements. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. Arkansas Code §16-66-210, 218; 18-12-403.
California:	For California, the homestead exemption is limited to $100,000 for persons 65 years of age or older, disabled, 55 years of age or older with an annual gross income of no more than $15,000, or if married and a joint annual gross income of $20,000, and the sale is involuntary; $75,000 for persons who are a member of a family unit and at least one member of the family unit whose interest in the homestead is no more than a community property interest; and $50,000 for all other persons. In any event, the monetary value of the homestead exemption for both spouses cannot exceed $75,000 or $100,000 as determined by their ages or disability status. A declaration of homestead must be written, signed, acknowledged and recorded. It must contain the name and address of the person(s) claiming it, a description of it, a statement that it is the principal dwelling of the person claiming it on the date of recording, and a statement that the declaration is known to be true by personal knowledge of the person signing and acknowledging it. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For California, a designation or plat of a homestead may be filed. California CC §1237 through 1304; CCP §704.710-.850; Family Code §770, 1100, 1102.
Colorado:	For Colorado, the homestead exemption is limited to $30,000 in value. The exemption does not apply against taxes and debts for purchase of the home. If a husband and wife own a homestead, the law requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses if a claim of homestead is filed with the clerk of court in the county where the real estate is located. For Colorado, a designation or plat of a homestead may be filed. Colorado Code §38-41-201.
Connecticut:	For Connecticut, the homestead exemption is limited to $75,000 in value. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. Connecticut Code §52-352.
Delaware:	Delaware has no statute regarding homestead rights.
Florida:	For Florida, the homestead exemption is limited to one-half (1/2) acre in a municipality and one-hundred-sixty (160) acres outside a municipality. The exemption does not apply against taxes, purchase price, or debts for improvement. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Florida, a designation or plat of a homestead may be filed with the clerk of circuit court for the county where the real estate is located. Florida Const. Art. 10, §4(a); Code §222.01 onward.
Georgia:	For Georgia, the homestead exemption is limited to $5,000 in value or the statutory homestead exemption. The exemption does not apply against taxes and debts for purchase of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Georgia, a designation or plat of a homestead may be filed. Georgia Code §44-13-1 onward.
Hawaii:	For Hawaii, the homestead exemption is limited to $30,000 for a head of a family and persons 65 years of age or older and $20,000 for other persons. The limitation in size is one acre. The exemption does not apply against taxes, pre-existing debts and debts for purchase or improvement of one homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. Hawaii Code §651-92.
Idaho:	For Idaho, the homestead exemption is limited to $50,000 in value and the sizes of the home and underlying land. The exemption does not apply against liens existing prior to the homestead declaration, taxes and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Idaho, a designation or plat of a homestead may be filed. Idaho Code §55-1001 through 1205.
Illinois:	For Illinois, the homestead exemption is limited to $7,500 for one person and $15,000 for two or more persons living at the same homestead. The exemption does not apply against taxes and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. Illinois Code §735-5/12-901-904
Indiana:	For Indiana, the homestead exemption is limited to $7,500 in value. The exemption does not apply against taxes and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. Indiana Code §34-2-28-1.
Iowa:	For Iowa, the homestead exemption is limited to one-half (1/2) acre in a city or town and forty (40) acres in the country. The exemption does not apply against taxes, debts existing prior to purchase and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Iowa, a designation or plat of a homestead may be filed with the county recorder. Iowa Chapter 561.
Kansas:	For Kansas, the homestead exemption is limited to one (1) acre in a city or town and one-hundred-sixty (160) acres for farming land. The exemption does not apply against taxes, debts for purchase or improvement of the homestead, and liens given by the consent of the owner and spouse. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Kansas, a designation or plat of a homestead may be filed. Kansas Code §60-2302, 2302; Const. Art. 15, §9.
Kentucky:	For Kentucky, the homestead exemption is limited to $15,000 in value. The exemption does not apply against taxes, debts existing prior to acquisition of the homestead, and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Kentucky, a designation or plat of a homestead does not need to be filed. Kentucky Code §472.060 through .100.
Louisiana:	For Louisiana, the homestead exemption is limited to $15,000 in value. The exemption does not apply against taxes, debts for purchase or improvement of the homestead given as security, debts to public officers of a fiduciary, or to an attorney at law for money collected or received on deposit. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Louisiana, a designation or plat of a homestead must be filed. Louisiana T.20, §1; Const. Art. 12, §9.
Maine:	For Maine, the homestead exemption is limited to $12,500 in value or $25,000 if there are minor dependents living in the homestead. For persons who are sixty (60) years of age or older and for persons who are disabled and unable to work, the monetary limitation is $60,000. The exemption does not apply against taxes and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. Maine T.14, §4422-4425.
Maryland:	The exemption does not apply against taxes and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. Maryland Courts Arts. §11-504.
Massachusetts:	For Massachusetts, the homestead exemption is limited to a monetary value of $50,000 to $200,000 depending upon circumstances. The exemption does not apply against taxes, debts existing prior to acquisition of the homestead, debts for the purchase of the homestead, spousal or child support, or ground rent. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. A homestead is created by a declaration of it in a deed or afterwards by written declaration which is duly recorded with the registry of deeds. Massachusetts C. 188, §1, 1A, 7; C. 236, §18.
Michigan:	For Michigan, the homestead exemption is limited in value to $3,500 and in size to one (1) lot in a city and forty (40) acres in the country. The exemption does not apply against taxes or any mortgage on the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Michigan, a designation or plat of a homestead does not need to be filed. Occupancy constitutes sufficient notice of a homestead claim. Michigan CLA §557.201-203; 600.4031, 6023.
Minnesota:	For Minnesota, the homestead exemption is limited to one-half (1/2) acre in a city and one-hundred-sixty (160) acres in other areas. The exemption does not apply against taxes, judgments existing prior to acquisition of the homestead, and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. Minnesota Code §1001-.04; Const. Art. I, §12.
Mississippi:	For Mississippi, the homestead exemption is limited to $75,000 in value and one-hundred-sixty (160) acres in size. The exemption does not apply against taxes, mortgages, and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Mississippi, a designation or plat of a homestead must be filed. Mississippi Code §89-9-1 onward; 85-3-21 onward.
Missouri:	For Missouri, the homestead exemption is limited to $8,000 in value. The exemption does not apply against debts existing prior to acquisition of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Missouri, a designation or plat of a homestead does not need to be filed. Missouri Code §513.475-.515.
Montana:	For Montana, the homestead exemption is limited to $40,000 in value. The exemption does not apply against taxes, mortgages, and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Montana, a designation or plat of a homestead must be filed. Montana Code §70-32-101 onward.
Nebraska:	For Nebraska, the homestead exemption is limited to $10,000 in value and two (2) lots in a city and one-hundred-sixty (160) acres in the country. The exemption does not apply against taxes, mortgages, and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Nebraska, a designation or plat of a homestead must be filed. Nebraska Code §40-101 onward.
Nevada:	For Nevada, the homestead exemption is limited to $115,000 in value. The exemption does not apply against taxes, liens existing prior to acquisition of the homestead, and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Nevada, a designation or plat of a homestead does not need to be filed with the county recorder. Nevada Code §115.010 through .060; 123.230.
New Hampshire:	For New Hampshire, the homestead exemption is limited to $30,000 in value. The exemption does not apply against taxes and debts for purchase or improvements of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For New Hampshire, a designation or plat of a homestead may be filed. New Hampshire C. 480, §1-8a.
New Jersey:	In New Jersey, there are no statutes regarding a homestead exemption, except that a homestead interest is created by joint possession of real estate by a husband and wife which is used as their principal residence. New Jersey Code §3B-28-3.
New Mexico:	For New Mexico, the homestead exemption is limited to $30,000 in value per person. The exemption does not apply against taxes, garnishments, recorded liens for purchase or improvement of the homestead, and recorded liens of lessors and mortgagees. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For New Mexico, a designation or plat of a homestead does not need to be filed. New Mexico Code §42-10-9 through 13.
New York:	For New York, the homestead exemption is limited to $10,000 in value above liens and encumbrances. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. New York C.P.L.R. §5206(a).
North Carolina:	In North Carolina, the exemption does not apply against taxes and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. North Carolina Const. Art. X, §2, 3.
North Dakota:	For North Dakota, the homestead exemption is limited to $80,000 in value. The exemption does not apply against taxes, mortgages, and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For North Dakota, a designation or plat of a homestead may be filed. North Dakota Code §47-18-01 onward.
Ohio:	For Ohio, the homestead exemption is limited to $5,000 in value per person. The exemption does not apply against taxes, mortgages, security interest, or other liens. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. Ohio Code §2329.669A; 2329.661.
Oklahoma:	For Oklahoma, the homestead exemption is limited to one (1) acre or $5,000 for an urban residence, and one-hundred-sixty (160) acres for a rural residence. The exemption does not apply against taxes and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. Oklahoma Code §31-1 onward; 16-4.
Oregon:	For Oregon, the homestead exemption is limited to $25,000 in value for one (1) person and $33,000 for two (2) ore more persons. The exemption does not apply against taxes for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. Oregon Code §23.164, .240 through .300.
Pennsylvania:	Pennsylvania has no statutes regarding homestead exemptions or rights.
Rhode Island:	Rhode Island does not have a homestead exemption law.
South Carolina:	For South Carolina, the homestead exemption is limited to $5,000 in value per debtor. The exemption does not apply against a mortgagee of the real estate. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. South Carolina Code §15-41-10 through 36.
South Dakota:	For South Dakota, the homestead exemption is limited to $30,000 in value and one (1) acre in town and one-hundred-sixty (160) acres in the country. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For South Dakota, a designation or plat of a homestead may be filed. South Dakota Code §43-31-1 onward.
Tennessee:	For Tennessee, the homestead exemption is limited to $5,000 in value for one (1) person and $7,500 in value for joint owners. The exemption does not apply against taxes, certain government fines, and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Tennessee, a designation or plat of a homestead may be filed prior to levy. Tennessee Code §26-2-301 onward.
Texas:	For Texas, the homestead exemption is limited to one (1) acre for urban areas and one-hundred (100) acres for rural areas in the case of a single adult and two-hundred (200) acres in the case of a family. There is no limitation to value. The exemption does not apply against taxes, and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Texas, a designation or plat of a homestead may be filed. Texas Prop. Code §41.001 onward.
Utah:	For Utah, the homestead exemption is limited in value to $8,000 for a head of a family, $2,000 for a spouse, and $500 for each dependent. The exemption does not apply against taxes, debts for purchase of the homestead, and child support debts. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Utah, a designation or plat of a homestead may be filed. Utah Code §78-23-1 onward.
Vermont:	For Vermont, the homestead exemption is limited to $30,000 in value. The exemption does not apply against taxes, debts existing prior to acquisition of the homestead, and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. Vermont Code §27-101 onward.
Virginia:	For Virginia, the homestead exemption is limited to $5,000 in value. The exemption does not apply against taxes and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Virginia, a designation or plat of a homestead may be filed. Virginia Code §34-4 onward.
Washington:	For Washington, the homestead exemption is limited to $30,000 in value for real estate. The exemption does not apply against liens for improvement of the real estate, mortgages, and debts for alimony or child support. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. For Washington, a designation or plat of a homestead may be filed. Washington Code §6.13.010 onward.
West Virginia:	For West Virginia, the homestead exemption is limited to $5,000 in value. The exemption does not apply against taxes and debts for purchase or improvement of the homestead. West Virginia Code §38-9-1 onward.
Wisconsin:	For Wisconsin, the homestead exemption is limited to $40,000 in value and 40 acres in size. The exemption does not apply against taxes, mortgages and liens for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. Wisconsin Code §706.02; 815.20-.21; 990.01.
Wyoming:	For Wyoming, the homestead exemption is limited to $10,000 per person. The exemption does not apply against taxes and debts for purchase or improvement of the homestead. If a husband and wife own a homestead, the law usually requires that both of them sign a conveyance or mortgage regarding the real estate for it to be applicable or enforceable against both spouses. Wyoming Code §1-20-101 onward.

Color Code:	States that require a Homestead Declaration must be filed.
	States that require no Homestead Declaration to be filed.
	States that have NO Homestead Exemption rights.