Homestead Deed
An “exemption” protects property from being seized by a creditor who is attempting to collect a judgment. An exemption can be created by federal law, and if the property is in Virginia, the exemption can arise under the laws of the Commonwealth of Virginia. One exemption available to Virginia residents is the Virginia Homestead exemption. The exemption is sometimes called a wildcard exemption because it applies to many types of property. Every householder is entitled to hold exempt from creditor process arising out of a debt personal property (including cash, bank accounts), not exceeding $5,000 in value or, if the householder is 65 years of age or older, not exceeding $10,000 in value, and, in addition, real or personal property used as the principal residence of the householder or the householder's dependents not exceeding $25,000 in value. In addition, upon a showing that a householder supports dependents (including foster children, adult children with special needs, and elderly parents), the householder shall be entitled to hold exempt additional property of $500 in value for each dependent. Married couples are often permitted to combine their homestead exemptions to protect marital property, but only one spouse can claim the extra dependent exemption.
You are not required to file bankruptcy to claim the exemption. You can file a claim of exemption in state court without filing bankruptcy.
If you have questions about the Virginia homestead exemption, and you live in Virginia, call me at (540) 366-8665.
In order to secure the benefit of the homestead exemptions without filing bankruptcy, the householder, by a writing signed by him and duly admitted to record, shall declare his intention to claim such benefit and select and set apart the property to be held by the householder as exempt, and describe the same with reasonable certainty, affixing to the description his cash valuation of the property so selected and set apart. The following form, or one which is substantially similar, shall be used:
HOMESTEAD DEED
Name of Householder ............ (last name capitalized and underlined)Name of title holder of record (if different) ............Is the householder a disabled veteran entitled to claim the additional exemption under § 34-4.1? __ Yes __ NoAddress of Householder ............Name(s) and age(s) of dependent(s) ............County/city/state in which real property claimed as exempt is located ............Description of property claimed as exempt ............Value of property described above ............Number of homestead deeds that have been filed by the Householder ............Exemption amount previously claimed on prior homestead deeds ............List the jurisdictions where previous homestead deeds were filed ....................This homestead deed is executed and sealed on this February 23, 2022. ___________________________(Seal)STATE OF VIRGINIACITY / COUNTY OF _______________, to wit:I, __________________, do hereby certify that the foregoing instrument was acknowledged before me on Monday, February 23, 2022, by __________. ____________________________ Notary PublicMy commission expires: _________________ Notary No.: __________