The North Dakota Homestead Exemption

Most people want to know whether they can keep valuable property before filing for bankruptcy—especially a home. If you qualify to use the North Dakota homestead exemption, you can protect some or all of the equity in your house. In this article, we explain:

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

For more bankruptcy information, read Filing for Bankruptcy in North Dakota.

Homestead Exemptions Available in a North Dakota Bankruptcy

In North Dakota, you'll use North Dakota's state exemptions—the federal bankruptcy exemptions aren't available (some states allow residents to choose between the two sets). However, you can supplement North Dakota's state exemptions with the federal nonbankruptcy exemptions.

To help you make an informed choice, we've listed the homestead exemption amount below. We've also included links to the federal and state exemption lists that apply in your case, so you'll have an easier time deciding whether bankruptcy will work for you.

Spouses can double some exemption amounts if you're married, but not all. Find out about other filing considerations for spouses.

Property 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.

Timing Your 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 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.

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

Claiming the North Dakota Bankruptcy Homestead Exemption

In North Dakota, you must file a homestead declaration with the county recorder's office before filing for bankruptcy to claim the homestead exemption. Your county recorder can explain the homestead declaration filing process.

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 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 with a local bankruptcy lawyer.

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!

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 October 28, 2022