The North Dakota Homestead Exemption

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

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. 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 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.

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

North Dakota Homestead Exemption

Homestead exemption amount

$100,000

Can spouses who file a joint bankruptcy double the exemption?

No

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 Bankruptcy Exemptions

Federal Nonbankruptcy Exemptions

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 in 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 you file for bankruptcy in order 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 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. You can also learn about finding state laws and doing legal research.

This overview cannot provide all of the information you'll need to file a bankruptcy case. Consider buying a self-help book such as How to File Chapter 7 Bankruptcy by Attorney Cara O'Neill and Albin Renauer J.D for more detailed information.

Updated August 16, 2021

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