The North Carolina Homestead Exemption

Find out how much equity you can protect in your home using the homestead exemption in a North Carolina bankruptcy.

By , Attorney

Before filing for bankruptcy, you want to know whether you can keep valuable property—especially your home. If you qualify to use the North Carolina homestead exemption, you'll be able to protect some equity in your house. In this article, we explain:

  • how much the North Carolina homestead exemption will protect, and
  • how to apply it in your bankruptcy case.

For more information, read How to File for Bankruptcy in North Carolina.

The North Carolina Homestead Exemption Amount

Under the North Carolina exemption system, homeowners can exempt up to $35,000 of their home or other real or personal property covered by the homestead exemption. Homeowners age 65 or older whose spouse is deceased can exempt up to $60,000 under the homestead exemption if the property was previously owned by the debtor as a tenant by the entirety or as a joint tenant with rights of survivorship. (N.C. Gen. Stat. § 1C-1601(a)(1)).

In North Carolina, the homestead exemption applies to real and personal property, including your home, condominium, co-op, or burial plot. The property must be owned by a North Carolina resident. The resident or dependents must live in the property when filing for bankruptcy to claim the homestead exemption. A burial plot must be for the benefit of the debtor or the debtor's dependents.

In North Carolina, the homestead exemption is automatic—you don't have to file a homestead declaration to claim the homestead exemption in bankruptcy. To protect your home, you also need to know the differences between Chapters 7 and 13. Consider reading Your Home in Chapter 7 and Your Home in Chapter 13.

Doubling for Married Couples

North Carolina permits doubling of the homestead exemption for married couples filing a joint bankruptcy. A married couple filing jointly in North Carolina can protect up to $70,000 worth of equity in a home. You can learn about the advantages and disadvantages of joint bankruptcy filings in Filing Considerations for Married Couples.

When You Can Use the North Carolina Homestead Exemption

You can file for bankruptcy in North Carolina after living there for more than 180 days. However, you must live in North Carolina much longer before using North Carolina exemptions—at least 730 days before filing, to be exact. Otherwise, you'd use the previous state's exemptions.

But suppose you weren't living in any particular state 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.

The Wildcard Exemption in North Carolina

North Carolina permits residents to apply any unused homestead exemption amount towards any other personal property up to $5,000. (N.C. Gen. Stat. § 1C-1601(a)(2)).

Can You Use the Federal Bankruptcy Exemptions in North Carolina?

Some states allow bankruptcy filers to use federal bankruptcy exemptions instead of state exemptions. North Carolina isn't one of those states. If you reside in North Carolina, you must use the state exemptions (but you can protect more with North Carolina's homestead exemption than the federal exemption).

Find out more about which state exemptions apply to you in North Carolina Bankruptcy Exemptions and Which Exemptions Can You Use in Bankruptcy?

Finding the North Carolina Homestead Exemption Statute

North Carolina's homestead exemption is found in the North Carolina state statutes at N.C. Gen. Stat. § 1C-1601 and in the North Carolina Constitution, Article X. To learn how to find state statutes, check out Nolo's Laws and Legal Research area.

Need More Bankruptcy Help?

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!

Our Editor's Picks for You

More Like This

How to File for Bankruptcy in Your State

Which Bankruptcy Chapter Should I File to Keep My House?

Can I Keep My Car in Chapter 7 Bankruptcy?

What to Consider Before Filing Bankruptcy

What Not to Do Before Bankruptcy

Chapter 7 Bankruptcy—Who Can't File?

Options If You Can't Afford a Bankruptcy Lawyer

Helpful Bankruptcy Sites

Department of Justice U.S. Trustee Program

United States Courts Bankruptcy Forms

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 May 26, 2021

Talk to a Bankruptcy Lawyer

Need professional help? Start here.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
Disability Eligibility Quiz Take our bankruptcy quiz to identify potential issues and learn how to best proceed with your bankruptcy case.
Get Professional Help

Get debt relief now.

We've helped 205 clients find attorneys today.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you