August 1, 2017
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 about the Connecticut homestead exemption in Connecticut.For information about how the homestead exemption works in both Chapter 7 and Chapter 13 bankruptcy, see The Homestead Exemption in Bankruptcy. For more articles on exemptions, see Bankruptcy Exemptions.
Under the Connecticut exemption system, homeowners may exempt up to $75,000 of their home or other property covered by the homestead exemption.
Example. Say you have a $200,000 house with a $125,000 mortgage, and you file for Chapter 7 bankruptcy in Connecticut. Because you have $75,000 of equity in your home, all of which is protected by the Connecticut homestead exemption, the trustee cannot take your house and sell it as part of the bankruptcy.
If you are a married couple filing a joint bankruptcy, Connecticut allows you to double the homestead exemption. But you must own the property together. This means that married couples can protect $150,000 of equity with the Connecticut homestead exemption.
(To learn more about joint bankruptcy, see Filing Considerations for Married Couples.)
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. Also, the homestead applies only to claims arising after October 1, 1993.
In Connecticut, you can use either the state exemption system or the federal bankruptcy exemption system (but you can’t pick and choose different exemptions from each system – you have to use all state exemptions or all federal exemptions.)
The federal bankruptcy homestead exemption amount is $23,675. The exemption may be used for homes, condos, co-ops, mobile homes, and burial plots. Married couples may double this exemption. You can find the federal bankruptcy homestead exemption at 11 U.S.C. §522(d)(1) and (5).
(To learn more about which state exemptions apply to you, see Which Exemptions Can You Use in Bankruptcy?)
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.
Connecticut’s homestead exemption is found in the Connecticut General Statutes § 52-352b(t) on the website of the Connecticut General Assembly. To learn more about finding state statutes, check out the Laws and Legal Research area.
The homestead exemption is updated periodically to keep up with inflation. Make sure to check current exemption amounts when filing for bankruptcy.