Most people want to know whether they can keep valuable property before filing for bankruptcy—especially a home. If you qualify to use the Kansas 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 Kansas.
In Kansas, you'll have to use Kansas's state exemptions, but that shouldn't be a problem because Kansas has one of the most generous homestead exemptions available. Also, you can supplement Kansas's state exemptions with the federal nonbankruptcy exemptions.
Find out about other filing considerations for spouses.
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Kansas Homestead Exemption |
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Homestead exemption amount |
Unlimited. |
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Can spouses who file a joint bankruptcy double the exemption? |
Not applicable. |
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Homestead exemption law |
Kan. Stat. Ann. § 60-2301 |
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Other information |
Protects up to one acre in a town or city or up to 160 acres on farmland. |
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Where to find other exemptions. |
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.
You can file for bankruptcy in Kansas after living there for more than 180 days. However, you must live in Kansas much longer before using Kansas 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.
Also, to claim the total value of the Kansas homestead exemption, 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 to $170,350 (this figure will adjust on April 1, 2022).
In Kansas, the homestead exemption is automatic – you don't have to file a homestead declaration with the recorder's office to claim the homestead exemption in bankruptcy. Instead, when filing for bankruptcy, you'll list your homestead exemption on Schedule C: The Property You Claim as Exempt when completing your bankruptcy forms. You can find out about other requirements you'll need to meet in Your Home in Chapter 7 or Your Home in Chapter 13.
You'll find Kansas's homestead exemption in the Kansas Code at Kan. Stat. Ann. § 60-2301 on the Kansas Legislature website or consult with a local bankruptcy lawyer. 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 July 19, 2021
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