Bankruptcy Homestead Exemption: Home Equity Protection, Exemption Limits

This comprehensive legal guide explores the homestead exemption in U.S. bankruptcy law, detailing home equity protection, state-specific variations, and recent legislative developments to help homeowners retain their primary residence during financial hardship.


The concept of a homestead exemption is a critical aspect of bankruptcy law in the United States. It provides homeowners with a degree of protection for their primary residence against creditors during bankruptcy proceedings. This legal guide aims to provide a comprehensive overview of the homestead exemption, focusing on home equity protection and exemption limits. We will explore the legal framework, state-specific variations, and key legislative acts that shape this area of law.

What is a Homestead Exemption?


A homestead exemption is a legal provision that helps protect a debtor's primary residence from creditors during bankruptcy. It allows homeowners to exempt a certain amount of equity in their home from being used to pay off unsecured debts.


The primary purpose of the homestead exemption is to ensure that individuals and families are not left homeless as a result of financial hardship. It provides a safety net that allows debtors to retain their homes and maintain stability while they work to resolve their financial issues.

Federal Bankruptcy Code

The federal bankruptcy code provides a baseline for homestead exemptions, but it allows states to set their own exemption limits. Under 11 U.S.C. § 522(d)(1), the federal homestead exemption is set at $27,900 as of 2023. However, many states have opted out of the federal exemption and have established their own rules and limits.

State-Specific Exemptions

Each state has its own laws governing homestead exemptions. Some states offer more generous protections than the federal baseline, while others provide less. It is crucial for debtors to understand the specific rules in their state of residence.

Example: California

In California, the homestead exemption varies based on the age, disability status, and income of the debtor. As of 2021, the exemption ranges from $300,000 to $600,000. California Code of Civil Procedure § 704.730.

Example: Texas

Texas offers one of the most generous homestead exemptions in the country. There is no dollar limit on the exemption, but it is limited to 10 acres in an urban area or 100 acres in a rural area for a single person, and 200 acres for a family. Texas Property Code § 41.001.

Home Equity Protection

Understanding Home Equity

Home equity is the market value of a homeowner's interest in their property, calculated as the difference between the home's market value and the outstanding balance on any mortgages or liens.

Role of Homestead Exemption in Protecting Home Equity

The homestead exemption allows homeowners to protect a portion of their home equity from being used to satisfy unsecured debts in bankruptcy. This means that if the equity in the home is less than or equal to the exemption amount, the debtor can retain their home.

Example Scenarios

Scenario 1: Equity Below Exemption Limit

If a homeowner has $50,000 in home equity and the state homestead exemption is $75,000, the entire equity is protected, and the homeowner can keep their home.

Scenario 2: Equity Above Exemption Limit

If a homeowner has $100,000 in home equity and the state homestead exemption is $75,000, $25,000 of the equity is not protected. The bankruptcy trustee may sell the home, pay off the mortgage, give the debtor the $75,000 exemption amount, and use the remaining $25,000 to pay creditors.

Exemption Limits

Federal vs. State Limits

As mentioned earlier, the federal homestead exemption is $27,900, but many states have their own limits. Some states allow debtors to choose between the federal and state exemptions, while others require the use of state-specific exemptions.

Factors Influencing Exemption Limits

Several factors can influence the homestead exemption limits, including:

  • Age: Some states offer higher exemptions for senior citizens.
  • Disability: Higher exemptions may be available for disabled individuals.
  • Family Status: Exemptions can vary based on whether the debtor is single or has dependents.

Notable State Exemptions


Florida offers an unlimited homestead exemption for properties up to half an acre in a municipality or 160 acres elsewhere. Florida Constitution Article X, Section 4.


Nevada provides a homestead exemption of up to $605,000. Nevada Revised Statutes § 115.010.

Legislative Developments

Recent Changes

H.R. 8366 - Protecting Homeowners in Bankruptcy Act of 2020

Introduced by Rep. Madeleine Dean, this bill aimed to increase the federal homestead exemption to $100,000 and adjust it for inflation. It also sought to prevent states from opting out of the federal exemption. H.R. 8366.

Impact of Legislative Changes

Legislative changes can significantly impact the protection available to homeowners in bankruptcy. Increased exemption limits provide greater security, while restrictions on state opt-outs can standardize protections across the country.

Case Law

Key Cases

In re: Wallace

In this case, the Ninth Circuit Court of Appeals ruled that a debtor could not claim a homestead exemption on a property that was not their primary residence at the time of filing for bankruptcy. In re: Wallace.

Wells v. McCallister

The Supreme Court addressed the issue of whether a debtor could claim a homestead exemption on a property held in a trust. The Court ruled that the exemption could apply if the debtor had an equitable interest in the property. Wells v. McCallister.

Practical Considerations

Filing for Bankruptcy

When filing for bankruptcy, it is crucial to accurately list your assets and claim the appropriate exemptions. Failure to do so can result in the loss of property or denial of the exemption.

Given the complexity of bankruptcy law and the variations in state exemptions, seeking legal assistance is advisable. An attorney can help navigate the process and ensure that you maximize your exemptions.

Planning Ahead

Homeowners should consider the implications of homestead exemptions when making financial decisions. For example, paying down a mortgage to increase home equity may not be beneficial if the equity exceeds the exemption limit.


The homestead exemption is a vital tool for protecting homeowners in bankruptcy. Understanding the legal framework, state-specific variations, and recent legislative developments is essential for maximizing this protection. By staying informed and seeking legal assistance when necessary, homeowners can navigate bankruptcy proceedings with greater confidence and security.


  1. NC General Statutes - Chapter 1C Article 16
  2. Rep. Dean's H.R. 8366, the Protecting Homeowners in Bankruptcy Act of 2020
  3. Role of Personal Bankruptcy Exemption Laws on Mortgage Availability
  4. California Code of Civil Procedure § 704.730
  5. Texas Property Code § 41.001
  6. Florida Constitution Article X, Section 4
  7. Nevada Revised Statutes § 115.010
  8. In re: Wallace
  9. Wells v. McCallister
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Von Wooding

Von Wooding

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