The North Dakota Homestead Exemption

You will be able to protect $100,000 in home equity if you file for bankruptcy in North Dakota.

By , Attorney · University of the Pacific McGeorge School of Law

In bankruptcy, a homestead exemption protects equity in your home. Here, you'll find specific information about the homestead exemption in North Dakota. For general information about how the homestead exemption works in both Chapter 7 and Chapter 13 bankruptcy, read The Homestead Exemption in Bankruptcy.

How Much Is the Homestead Exemption in a North Dakota Bankruptcy?

In North Dakota, you'll use North Dakota's state exemptions because the federal bankruptcy exemptions aren't available (some states allow residents to choose between the two sets). You'll find North Dakota's homestead exemption amount listed below. Contact a local bankruptcy lawyer for current amounts and to find out about filing considerations for spouses.

North Dakota Homestead Exemption

Homestead exemption amount


Can spouses who file a joint bankruptcy double the exemption?


Homestead exemption law

N.D. Cent. Code §§ 28-22-02(7), (10); 47-18-01

Other information

Amounts are subject to change.

Where to find other exemptions.

North Dakota Legislative Branch Century Code

Federal Nonbankruptcy Exemptions

What Property Is Protected by the North Dakota Homestead Exemption?

In North Dakota, the homestead exemption applies to real property, including your home. It also applies to a house trailer or mobile home. To claim the exemption, you must be a resident of North Dakota, and you or your family must reside on the property.

When Can You Use a Homestead Exemption in a North Dakota Bankruptcy?

You can file for bankruptcy in North Dakota after living there for more than 180 days. However, you must live in North Dakota much longer before using North Dakota 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 immediately preceding your filing. (11 U.S.C. § 522(b)(3)(A).) Learn more about filing for bankruptcy after moving to a new state.

Learn more about this requirement, the current amount of the federal cap, and other important exceptions to homestead exemptions.

Finding the North Dakota Bankruptcy Homestead Exemption Statute

You'll find North Dakota's homestead exemption on the North Dakota Legislative Branch Century Code webpage in N.D. Cent. Code §§ 28-22-02(7), (10), and 47-18-01. Still, the best way to protect your assets is by consulting a local bankruptcy lawyer.

Consult a North Dakota Bankruptcy Lawyer

We've covered some of the most basic rules you'll encounter when protecting your home in bankruptcy. However, you'll also need to meet other timing and exemption requirements to prevent losing your home. Find out more about keeping your home in Chapter 7 or Chapter 13 or consult a bankruptcy lawyer.

Need More Bankruptcy Help?

Did you know Nolo has made the law easy for over fifty years? It's true, and we want to ensure 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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Helpful Bankruptcy Sites

Department of Justice U.S. Trustee Program

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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 September 22, 2023

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