The Utah Homestead Exemption

In bankruptcy, a homestead exemption protects equity in your home. Here, you'll find specific information about the homestead exemption in Utah. For general information about how the homestead exemption works in both Chapter 7 and Chapter 13 bankruptcy, read The Homestead Exemption in Bankruptcy. For more bankruptcy information, read Filing for Bankruptcy in Utah.

How Much Is the Homestead Exemption in a Utah Bankruptcy?

You'll use Utah's homestead exemption to protect some or all of your home's equity in Utah. Although some states allow filers to use federal bankruptcy exemptions, Utah is not one of them.

To help you make an informed choice, we've listed the homestead exemption amount below and have included links to more complete exemption lists.

If you're married, keep in mind that spouses can double some exemption amounts, but not all. Find out about other filing considerations for spouses.

What Property Is Protected by the Utah Homestead Exemption?

Under the Utah exemption system, homeowners can exempt up to $45,100 of their home or other property covered by the homestead exemption, such as a mobile home. You can use the homestead exemption to protect more than one parcel of land, but you can protect only up to one acre total. (Utah Code Ann. § 78B-5-504.)

Also, you can exempt up to $5,400 in real estate that is not your primary residence. (Utah Code Ann. § 78B-5-503.)

When Can You Use a Homestead Exemption in a Utah Bankruptcy?

You can file for bankruptcy in Utah after living there for over 180 days. However, you must live in Utah much longer before using Utah exemptions (if that's the set you choose to use), at least 730 days before filing, to be exact. Otherwise, you'd use the previous state's exemptions.

But suppose you lived in multiple states during the two years before filing for bankruptcy. In that case, you'd use the exemptions of the state you lived in for most of the 180 days before the two years immediately preceding your filing. (11 U.S.C. § 522(b)(3)(A).) Learn more about filing for bankruptcy after moving to a new state.

Consult a Utah Bankruptcy Lawyer

We've covered some of the most basic rules you'll encounter when protecting your home in bankruptcy. However, you must also meet other timing and exemption requirements to prevent losing your home. Find out more about keeping your home in Chapter 7 or Chapter 13 or consult a bankruptcy lawyer.

Need More Bankruptcy Help?

Did you know Nolo has made the law accessible for over fifty years? It's true, and we want to ensure you find what you need. Below, you'll find more articles explaining how bankruptcy works. And don't forget that our bankruptcy homepage is the best place to start if you have other questions!

We wholeheartedly encourage research and learning, but online articles can't address all bankruptcy issues or the facts of your case. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.

Updated October 5, 2023