The Connecticut Homestead Exemption

In Connecticut, the homestead exemption protects up to $75,000 of equity in your home, more if you are married and filing a joint bankruptcy. Read on to learn more.

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:

  • how much the Connecticut homestead exemption will cover, and
  • how to apply it in your bankruptcy case.

For more bankruptcy information, read Filing for Bankruptcy in Connecticut. Not only will you find answers, but it includes helpful checklists and a link to an interactive bankruptcy quiz. Or, try the start-to-finish bankruptcy guide, What You Need to Know to File for Bankruptcy.

Homestead Exemptions Available in a Connecticut Bankruptcy

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.

To help you make an informed choice, we've listed both exemption amounts below. 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, keep in mind that spouses can double some exemption amounts, but not all. Find out about other filing considerations for spouses.

Federal Homestead Exemption

Connecticut Homestead Exemption

Homestead exemption amount

$25,150

$75,000

Can spouses who file a joint bankruptcy double the exemption?

$50,300 is available to spouses who co-own property.

Yes.

Homestead exemption law

11 U.S.C. § 522(d)(1)

Conn. Gen Stat. § 52-352b(t)

Other information

Amounts will adjust on April 1, 2022.

Exemption increases to $125,000 if a creditor collects for hospital services; amounts adjust periodically.

Compare other federal and state exemptions.

Federal Bankruptcy Exemptions

Connecticut Bankruptcy Exemptions

Property Protected by Connecticut's Homestead Exemption

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 sell it as part of the bankruptcy.

Timing Your Connecticut 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.

Claiming the Connecticut Bankruptcy Homestead Exemption and Keeping Your Home

In Connecticut the homestead exemption is automatic—you don't have to file a homestead declaration in order 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.

Keep in mind 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.

Finding the Connecticut Bankruptcy Homestead Exemption Statute

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.

Need More Help?

You might not know this, but Nolo has been making the law easy for DIYers for over fifty years. If you have questions, use the links we've included throughout for more details. Otherwise, you'll find the answers to almost all of your bankruptcy questions at nolo.com/legal-encyclopedia/bankruptcy or by consulting with a local bankruptcy lawyer.

This overview cannot provide all of the information you'll need to file a bankruptcy case. For more detailed information, consider buying a self-help book such as How to File Chapter 7 Bankruptcy by Attorney Cara O'Neill and Albin Renauer J.D.

Updated July 22, 2021

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