The Homestead Exemption in Bankruptcy
Whether you can protect your home is a big question for many people considering bankruptcy. Many states allow bankruptcy filers to protect some or all of the equity in their home in bankruptcy using the homestead exemption.
Homestead exemptions vary widely by state. For example:
- A few states allow you to exempt all of your home equity, no matter how large. Others protect only a small amount of equity.
- Some states allow married couples filing joint bankruptcy to double the homestead exemption amount. Others do not.
- Some states require you to file a homestead declaration to take advantage of the homestead exemption in bankruptcy.
- Most states require you to use the state homestead exemption amount. A few allow you to choose between your state and the federal homestead exemption.
For some states, we have articles with information about the state's homestead exemption amount, what types of property it applies to, whether married filers can double the exemption, and where you can find the state's homestead exemption laws (so you can go right to the source if necessary).
Homestead Exemptions by State
For some states, we have articles with information about the state's homestead exemption amount, what types of property it applies to, whether married filers can double the exemption, and where you can find the state's homestead exemption laws (so you can go right to the source if necessary).
Learn how much home equity you can protect with the homestead exemption and the requirements you need to meet to keep a home in bankruptcy.
Empower Yourself: DIY Products by Nolo
Sidestep the lawyers with do-it-yourself books, documents, and software.
Nolo offers hundreds of consumer-friendly, do-it-yourself legal products for all types of legal situations. Browse our full product list.
More Legal Issues
Click below to view more legal issues. Our extensive collection of legal topics ranges across different areas of practice.
Corporations Car Accidents Criminal Law Debt Management Disability Law Divorce & Family Law
Learn About Our Team
Our editors have over 100 years of combined experience practicing law. These professionals have worked in a wide range of legal areas, from estate planning to criminal law to business formation and beyond. They’re experts at explaining complicated legal issues in easy-to-understand terms.
Learn more about the team that manages Nolo’s articles, books, and DIY tools.
Need a Lawyer? We Can Help
Find an experienced, local attorney in three easy steps. Our process is designed for ease and simplicity.
Describe Your Case
Briefly tell us about your case, and provide your contact information.
Get Connected
We find and instantly list attorneys that can best handle your case.
Hire an Attorney
Choose the attorneys you would like to work with.
Nolo Legal Dictionary
At Nolo, we prioritize quality and transparency because we know how important reliable legal information is to our readers. Our information is meticulously researched, regularly updated, and written in plain English by our experienced writers and editors. Learn more about our editorial standards.
Are You an Attorney?
Grow your firm with Martindale-Nolo, the largest legal network, and learn more about our attorney lead-generation and marketing services.
Integrity and Expertise You Can Rely On
At Nolo, we prioritize quality and transparency because we know how important reliable legal information is to our readers. Our information is meticulously researched, regularly updated, and written in plain English by our experienced writers and editors. Learn more about our editorial standards.
Copyright ©2025 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy, Cookie Policy, and Consumer Health Data Notice.
Your Privacy Choices