The Wyoming Homestead Exemption

Learn about the Wyoming homestead exemption and how it can protect some of your home equity in bankruptcy.

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 Wyoming. 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 Wyoming Bankruptcy?

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

Wyoming Homestead Exemption

Homestead exemption amount

$100,000

Can spouses who file a joint bankruptcy double the exemption?

Yes

Homestead exemption law

Wyo. Stat. Ann. §§ 1-20-101 et seq.

Other information

See below.

Where you'll find other exemptions

Wyoming Legislature's State Statutes & Constitution

Federal Nonbankruptcy Exemptions

What Property Is Protected by the Wyoming Homestead Exemption?

You or your family must occupy the property before claiming the exemption. Only your house, mobile home, or house trailer, and the lot or lots where your house is located will qualify for a homestead exemption.

If the home is held as a tenancy by entirety, you might have an additional way to protect your interests. Wyoming is one of about 25 states where a married couple can own property as tenants by entirety. Property held as a tenancy by entirety is owned by a married couple as a single marital entity, not as individuals.

If one spouse files for bankruptcy, not both, the bankruptcy trustee might be prevented from using the property equity to pay off debts. Your property equity could be fully protected. However, be warned that this is a tricky area of law and the protection doesn't work in all cases (for instance, it won't protect against tax debt).

Talk with a local bankruptcy attorney before filing to ensure you don't lose valuable property. Making a mistake is risky because you don't have an automatic right to dismiss a Chapter 7 case.

When Can You Claim the Homestead Exemption in a Wyoming Bankruptcy?

You can file for bankruptcy in Wyoming after living there for over 180 days. However, you must live in Wyoming much longer before using Wyoming 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.

You'll also need to meet other timing and exemption requirements to prevent losing your home in bankruptcy. Find out more about keeping your home in Chapter 7 or Chapter 13 or consult a bankruptcy lawyer.

Finding the Wyoming Bankruptcy Homestead Exemption Statute

You'll find Wyoming's homestead exemption on the Wyoming Legislature's State Statutes & Constitution webpage. Still, the best way to learn the current homestead exemption amount and protect your assets is by consulting with a local bankruptcy lawyer.

How Can I Avoid Common Mistakes When Using Wyoming's Homestead Exemption?

Bankruptcy mistakes, such as improperly disclosing or exempting assets, can be costly and often occur when filing without a bankruptcy lawyer. A local bankruptcy lawyer's knowledge and expertise will help you avoid losing your home and other valuable assets and ensure you maximize the homestead exemption.

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

United States Courts Bankruptcy Forms


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 6, 2023

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