In bankruptcy, a homestead exemption protects equity in your home. Here you’ll find specific information about the homestead exemption in Kansas.
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 our Bankruptcy Exemptions area.
Under the Kansas exemption system, homeowners may exempt an unlimited amount of value in their homes, but are limited as to the amount of land they can protect. Under the Kansas homestead exemption, you can protect up to one acre of real property if you live within city limits or up to 160 acres of farmland under the homestead exemption.
In Kansas, the homestead exemption applies to real and personal property, including your home, manufactured home, or mobile home. You or your family must occupy or intend to occupy the property.
Some states allow bankruptcy filers to use the federal bankruptcy exemptions instead of the state exemptions. Kansas is not one of those states. If you reside in Kansas, you must use the state exemptions (although federal nonbankruptcy exemptions may be available to Kansas debtors, such as exemptions for wages, Social Security, and veterans’ benefits).
(To learn more about which state exemptions apply to you, see Which Exemptions Can You Use in Bankruptcy?)
In Kansas, the homestead exemption is automatic – you don’t have to file a homestead declaration in order to claim the homestead exemption in bankruptcy. However, if a creditor attempts to force the sale of your property to satisfy a debt before you file bankruptcy, you must file a claim of exemption to protect it.
The Kansas homestead exemption will not protect your home from tax debt or debt incurred making improvements to the property.
Kansas’ homestead exemption can be found in the Kansas statutes at Kan. Stat. Ann. Section 60-2301 and in the Kansas Constitution at Article 15, Section 9. To learn how to find state statutes, check out Nolo’s Laws and Legal Research area.
To learn more about how your property is protected (or not) from creditors when you file for bankruptcy, see Nolo's section on Bankruptcy Exemptions & Your Property.