The South Carolina Homestead Exemption

Here's how much home equity you can protect with the homestead exemption in a South Carolina 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 South Carolina homestead exemption, you can protect some or all of the equity in your house. In this article, we explain:

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

For more bankruptcy information, read Filing for Bankruptcy in South Carolina. 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 South Carolina Bankruptcy

In South Carolina, you'll use South Carolina's state exemptions—the federal bankruptcy exemptions aren't available (some states allow residents to choose between the two sets). However, you can supplement South Carolina'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, keep in mind that spouses can double some exemption amounts, but not all. Find out about other filing considerations for spouses.

South Carolina Homestead Exemption

Homestead exemption amount

$63,250

Can spouses who file a joint bankruptcy double the exemption?

Yes

Homestead exemption law

S.C. Code Ann. §§ 15-41-30(A)(1)(a), (b)

Other information

Amounts are subject to change.

Where to find other exemptions.

South Carolina Bankruptcy Exemptions

Federal Nonbankruptcy Exemptions

Property Protected by the South Carolina Homestead Exemption

In South Carolina, the homestead exemption applies to real and personal property that you or your dependents use as a residence, including your home, condominium, co-op, or mobile home. You can also use the South Carolina homestead exemption to protect a burial plot purchased for yourself or your dependents.

Timing Your South Carolina Bankruptcy

You can file for bankruptcy in South Carolina after living there for more than 180 days. However, you must live in South Carolina much longer before using South Carolina 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 South Carolina Bankruptcy Homestead Exemption

In South Carolina, 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 South Carolina Bankruptcy Homestead Exemption Statute

You'll find South Carolina's homestead exemption in the South Carolina Code Annotated at §§ 15-41-30(A)(1)(a), (b) on the South Carolina Legislature website but 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. 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 August 9, 2021

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