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HOMESTEAD LAWS IN THE USA
Black’s Law Dictionary, Fifth Edition.
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Color
Code:
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States that require a
Homestead Declaration must be filed.
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States
that require no Homestead Declaration to be filed. |
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States
that have NO Homestead Exemption rights. |
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Note:
Even though 4 states have no homestead rights and others
require no Homestead Declaration be
recorded, most states do have Homestead Exemption statutes and we
strongly recommend that every homeowner in every
state have a Homestead Declaration recorded
on their home to protect their rights. |
*Please
note that each state has its own laws regarding homestead and
they may change same from time to time.
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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. |
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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. |
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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. |
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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. |
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California: |
For California, the homestead exemption is limited to
$150,000 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. |
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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. |
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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. |
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Delaware: |
Delaware
has no statute regarding homestead rights. |
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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. |
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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. |
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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. |
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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. |
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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
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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.
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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). |
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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. |
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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. |
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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. |
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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. |
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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. |
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Pennsylvania: |
Pennsylvania
has no statutes regarding homestead exemptions or
rights. |
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Rhode Island: |
Rhode Island
does not have a homestead exemption law. |
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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. |
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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. |
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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. |
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Texas:
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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