The Kansas Homestead Exemption

The Kansas homestead exemption allows homeowners to protect an unlimited amount of value in their homes if they file for bankruptcy.

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:

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

For more bankruptcy information, read Filing for Bankruptcy in Kansas. 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 Kansas Bankruptcy

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.

Kansas Homestead Exemption

Homestead exemption amount

Unlimited.

Can spouses who file a joint bankruptcy double the exemption?

Not applicable.

Homestead exemption law

Kan. Stat. Ann. § 60-2301

Other information

Protects up to one acre in a town or city or up to 160 acres on farmland.

Where to find other exemptions.

Kansas Bankruptcy Exemptions

Federal Nonbankruptcy Exemptions

Property Protected by the Kansas 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.

Timing Your Kansas Bankruptcy

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).

Claiming the Kansas Bankruptcy Homestead Exemption

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.

Finding the Kansas Bankruptcy Homestead Exemption Statute

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.

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 19, 2021

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