Most people want to know whether they can keep valuable property before filing for bankruptcy—especially a home. If you qualify to use the Connecticut homestead exemption, you can protect some or all of the equity in your house. In this article, we explain:
For more bankruptcy information, read Filing for Bankruptcy in Connecticut.
Connecticut lets filers use either the federal exemption system or Connecticut's state exemption system, so you'll have two homestead amounts to choose between. However, you can't mix exemptions from both lists, so you'll want to select the system that will protect your most important assets.
We've listed both exemption amounts below to help you make an informed choice. We've also included links to more complete federal and state exemption lists so you'll have an easier time deciding which set will work best for you.
If you're married, remember that spouses can double some exemption amounts, but not all. Find out about other filing considerations for spouses.
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Federal Homestead Exemption |
Connecticut Homestead Exemption |
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Homestead exemption amount |
$27,900 |
$75,000 |
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Can spouses who file a joint bankruptcy double the exemption? |
$55,800 is available to spouses who co-own property. |
Yes. |
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Homestead exemption law |
11 U.S.C. § 522(d)(1) |
Conn. Gen Stat. § 52-352b(t) |
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Other information |
Amounts will adjust on April 1, 2025. |
Exemption increases to $125,000 if a creditor collects for hospital services; amounts adjust periodically. |
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Compare other federal and state exemptions. |
Connecticut Bankruptcy Exemptions |
In Connecticut, the homestead exemption applies to real property, including your home, condominium, and mobile manufactured home. However, you must occupy the property as your primary residence. The $75,000 exemption amount increases to $125,000 against creditors collecting a money judgment arising out of hospital services.
Example. Say you own and reside in a $200,000 condominium with a $125,000 mortgage, but you need to file for Chapter 7 bankruptcy. All of your equity will be protected by the Connecticut homestead exemption so the trustee will not be able to take it and sell it as part of the bankruptcy.
You can file for bankruptcy in Connecticut after living there for more than 180 days. However, you must live in Connecticut much longer before using Connecticut exemptions—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-year period that immediately preceded your filing. (11 U.S.C. § 522(b)(3)(A).) Learn more about filing for bankruptcy after moving to a new state.
To claim the total value of the homestead exemption in Connecticut, you must have purchased and owned the property for at least 1,215 days before the bankruptcy filing. If you can't meet this requirement, your homestead exemption is limited by federal law.
Learn more about this requirement, the current amount of the federal cap, and other important exceptions to homestead exemptions.
In Connecticut, the homestead exemption is automatic—you don't have to file a homestead declaration to claim the homestead exemption in bankruptcy. When filing for bankruptcy, you'll list your homestead exemption on Schedule C: The Property You Claim as Exempt when completing your bankruptcy forms.
Remember that you'll need to meet other requirements to prevent losing your home in bankruptcy. Find out more in Your Home in Chapter 7 or Your Home in Chapter 13.
You'll find Connecticut's homestead exemption in the Connecticut state statutes at Conn. Gen Stat. § 52-352b(t) on the Connecticut General Assembly website. Learn about finding state statutes in Laws and Legal Research.
Did you know Nolo has been making the law easy for over fifty years? It's true—and we want to make sure 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!
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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 April 7, 2022