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Homestead Exemption Laws by State

A homestead exemption protects some or all of the equity in your home from creditors. If a creditor wins a money judgment against you, or if you file for bankruptcy, the exempt amount cannot be taken to pay the debt. This guide covers that creditor protection only. It is separate from the property tax homestead exemption, which lowers the taxable value of a home and is handled by local tax offices.

48 states and DC compared. Last checked .

At a glance

Exemption amount: range
$3,500 to $605,000
Across the 36 jurisdictions with a single statewide figure.
Unlimited in value
8 of 49
States and DC where the answer is yes or yes in some cases.

Compare homestead exemption laws

Each state writes its own rule. Some protect a fixed dollar amount of equity, some protect the home regardless of its value, and some limit the protection by land area instead of, or as well as, by value. This guide compares the dollar amount, whether the value is unlimited and any acreage limit side by side, and links each rule to the statute it comes from.

49 of 49 shown

Acreage limitSources
ALAlabama$18,800 ($56,400 if 62+ or disabled)No160 acresThe homestead may not exceed 160 acres in size.
AKAlaska$72,900NoNo acreage limitAS 09.38.010 limits the exemption by value only.
AZArizona$400,000 base, adjusted yearlyNoNo acreage limitThe land must be one compact body on which the dwelling house sits; the statute sets no acreage cap.
ARArkansas$2,500, but a minimum area is fully protectedPartly: minimum area only1 acre in a city or town, 160 acres elsewhereNever reduced below 80 acres rural or one-quarter acre urban.
CACalifornia$300,000 to $600,000 base, by county medianNoNo acreage limitThe exemption amount is set by value only.
COColorado$250,000 ($350,000 if 60+ or disabled)NoNo acreage limitC.R.S. 38-41-201 limits the exemption by value only.
CTConnecticut$250,000NoNo acreage limitThe homestead is owner-occupied real property, a co-op or a mobile manufactured home used as a primary residence.
DEDelaware$200,000 (bankruptcy or insolvency)NoNo acreage limitCovers equity in real property or a manufactured home that is the principal residence.
DCDistrict of ColumbiaUnlimitedYesNo acreage limitD.C. Code 15-501(a)(14) sets no area limit.
FLFloridaUnlimitedYes1/2 acre in a municipality, 160 acres elsewhereInside a municipality the exemption is limited to the owner's or family's residence.
GAGeorgia$50,000 ($100,000 for some married debtors)NoNo acreage limitO.C.G.A. 44-13-100 limits the exemption by value only.
HIHawaii$20,000 ($30,000 if head of family or 65+)NoNo acreage limitHRS 651-92 covers an interest in one parcel of real property in Hawaii, with no acreage limit.
IDIdaho$175,000NoNo acreage limitThe homestead may consist of lands regardless of area.
ILIllinois$50,000 per personNoNo acreage limitCovers a farm or lot of land and buildings, a condominium, or a cooperative used as a residence.
INIndiana$22,750NoNo acreage limitIC 34-55-10-2(c)(1) limits the exemption by value only.
IAIowaUnlimitedYes1/2 acre in a city plat, 40 acres elsewhere
KSKansasUnlimitedYes1 acre in a city, 160 acres of farmland elsewhereA manufactured or mobile home used as a residence also qualifies.
KYKentucky$5,000NoNo acreage limitKRS 427.060 limits the exemption by value only.
LALouisiana$35,000No5 acres in a municipality, 200 acres elsewhereContiguous tracts count toward the total.
MEMaine$80,000 ($160,000 with dependents, 60+ or disabled)NoNo acreage limit14 M.R.S. 4422(1) limits the residence exemption by value only.
MDMaryland$31,575 (bankruptcy only)NoNo acreage limitThe exemption covers owner occupied residential real property, a condo unit or a co-op, without a land limit.
MAMassachusetts$125,000 ($1,000,000 if declared)NoNo acreage limitThe exemption is defined by dollar amount, not land area.
MIMichigan$3,500 (more in bankruptcy)No1 lot in a plat, city or village, 40 acres elsewhere
MNMinnesota$540,000 ($1,350,000 if agricultural)No160 acres
MSMississippi$75,000No160 acres
MOMissouri$15,000 ($40,000 from Jan. 1, 2027)NoNo acreage limitRSMo 513.475 limits the homestead by value only.
MTMontana$350,000 in 2021, plus 4% a yearNoNo acreage limitThe homestead is the dwelling and the land it sits on. The former acreage section, MCA 70-32-102, was repealed in 1981.
NENebraska$120,000No2 lots in a city or village, 160 acres elsewhere
NVNevada$605,000NoNo acreage limitA homestead is "a quantity of land" with the dwelling, without an acreage cap.
NHNew Hampshire$400,000NoNo acreage limit
NMNew Mexico$150,000 ($300,000 if spouse recently died)NoNo acreage limitN.M. Stat. 42-10-9 limits the exemption by dollar amount only.
NYNew York$102,400 to $204,825, by countyNoNo acreage limitThe exemption covers a lot of land with a dwelling, a co-op, condo unit or mobile home.
NCNorth Carolina$35,000 ($60,000 if 65+ and co-owner died)NoNo acreage limitG.S. 1C-1601(a)(1) limits the exemption by value only.
NDNorth Dakota$150,000NoNo acreage limitThe homestead is the land and dwelling where the claimant resides; separate lots must be contiguous.
OHOhio$182,625NoNo acreage limitThe exemption covers one parcel or item of property used as a residence.
OKOklahomaUnlimitedYes1 acre in a city or town, 160 acres elsewhere
OROregon$158,300 ($316,700 for 2+ debtors)No1 block in a city, 160 acres elsewhere
PAPennsylvania$300 general exemption (any property)NoNot listed
RIRhode Island$500,000NoNo acreage limit
SCSouth Carolina$50,000 base, adjusted every 2 yearsNoNo acreage limit
SDSouth DakotaUnlimitedYes1 acre in a town plat, 160 acres elsewhereSmaller limits apply to homesteads on federal mineral land claims.
TNTennessee$35,000 ($52,500 for joint owners)NoNo acreage limit
TXTexasUnlimitedYes10 acres urban, 100 or 200 acres ruralThe rural limit is 100 acres for a single adult and 200 acres for a family.
UTUtah$42,000 base, adjusted yearlyNo1 acre
VTVermont$125,000NoNo acreage limitCovers the dwelling house, outbuildings and the land used with them.
VAVirginia$50,000NoNo acreage limit
WAWashington$125,000 or county median, if higherNoNo acreage limitThe homestead may consist of land regardless of area.
WVWest Virginia$5,000 ($35,000 in bankruptcy)NoNo acreage limit
WYWyoming$100,000NoNo acreage limitThe homestead may include any number of acres.

New Jersey and Wisconsin are not listed because we could not confirm the current rule from the statute text.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.

What this means in practice

The exemption applies to equity, not to the full value of the home. Equity is the market value minus the mortgages and other liens on the property. A lender that holds a mortgage on the home, and certain other claims such as taxes on the property, can usually still be enforced against it regardless of the exemption.

Check whether you need to take a step to claim the protection. Some states protect a home automatically once it is your residence, while others require you to record a homestead declaration with the county or to claim the exemption in court when a creditor tries to collect.

In bankruptcy, federal law can limit a state homestead exemption for a home bought within a set period before the filing, and residency rules decide which state's exemptions apply if you moved recently. Some states also let filers choose the federal bankruptcy exemptions instead of the state list. A bankruptcy attorney can confirm which rules apply to your situation.

Frequently asked questions

What is a homestead exemption from creditors?

It is a state law that shields some or all of the equity in your primary home from creditors who hold a judgment against you, and from the trustee in a bankruptcy case. It does not erase the debt, but it limits what a creditor can take to collect it.

Is this the same as the property tax homestead exemption?

No. The property tax homestead exemption reduces the assessed value of a home for tax purposes. The creditor homestead exemption described here protects home equity from collection. The two have different rules, amounts and application steps, even in the same state.

Does the homestead exemption protect my home from my mortgage lender?

Generally no. A mortgage or deed of trust you signed is a voluntary lien on the home, and the lender can foreclose if you default. The exemption mainly protects against unsecured creditors and judgment creditors who have no agreed lien on the property.

What happens if my equity is more than the exemption?

If your equity is higher than the protected amount, a creditor or bankruptcy trustee may be able to force a sale of the home. You would typically receive the exempt amount from the sale proceeds, and the rest would go toward the debts.

Do I have to live in the home to claim the exemption?

The exemption is generally limited to the home you use as your residence. Rental properties, vacation homes and vacant land are typically not covered, although the exact definition of a homestead and the residency rules vary by state.

Which states have the highest and lowest exemption amount?

Among the 36 jurisdictions with a single statewide figure, exemption amount ranges from $3,500 (Michigan) to $605,000 (Nevada). The most common figure is $35,000 (3 jurisdictions). Check each state's page for exceptions.

Unlimited in value: which states say yes?

Of the 49 jurisdictions we checked, the answer is yes in 7 jurisdictions, in some cases in 1, no in 41. Yes: District of Columbia, Florida, Iowa, Kansas, Oklahoma, South Dakota and Texas. In some cases: Arkansas.