State vs. Federal Bankruptcy Exemptions and Homestead Limits (2026)
Whether each state lets you choose the federal bankruptcy exemptions, and its homestead exemption.
| State | State or federal exemptions | Homestead exemption |
|---|---|---|
| Alabama | Alabama has opted out of the federal bankruptcy exemptions. In a bankruptcy case, an individual debtor may exempt only property and income that is exempt under Alabama law and under federal laws other than 11 U.S.C. § 522(d). Ala. Code § 6-10-11 | $18,800 for exemptions effective April 1, 2024 (the court's table shows the amount rising from $5,000 before June 11, 2015, to $15,000, $15,500 (4/1/18), $16,450 (4/1/21) and $18,800 (4/1/24)). U.S. Bankruptcy Court, S.D. Ala., Alabama exemption amounts table |
| Alaska | Alaska filers must use Alaska's exemptions. The statute says that in a bankruptcy case "only the exemptions under AS 09.38.010, 09.38.015(a), 09.38.017, 09.38.020, 09.38.025 and 09.38.030 apply." AS 09.38.055 | Up to $72,900 of equity in property in Alaska used as the filer's principal residence (statutory base $54,000 in AS 09.38.010, as adjusted by regulation 8 AAC 95.030). The statute has no acreage limit; multiple owners share one exemption per living unit. AS 09.38.010; 8 AAC 95.030; Alaska Court System Judgment Debtor Booklet CIV-511 (8/26) |
| Arizona | Arizona filers must use Arizona's exemptions: "residents of this state are not entitled to the federal exemptions provided in 11 U.S.C. 522 (d)." A.R.S. 33-1133(B) | Up to $400,000 in equity in the filer's home (house and land in one compact body, a condominium or cooperative, or a mobile home or other shelter plus its land). One exemption per married couple or single person. The amount is adjusted every January 1 for inflation starting in 2024. In bankruptcy, the exemption is measured as of the filing date. A.R.S. 33-1101(A), (B), (D), (F) |
| Arkansas | Arkansas residents may choose either the exemptions under the Arkansas Constitution and laws, or the federal bankruptcy exemptions in 11 U.S.C. 522(d). Ark. Code Ann. 16-66-217 | Under the state system: a rural homestead of up to 160 acres with improvements, up to $2,500 in value but never less than 80 acres regardless of value; or an urban homestead of up to 1 acre, up to $2,500 in value but never less than one-quarter acre regardless of value (Ark. Const. art. 9, §§ 4-5, as listed in the statute). The statute's bankruptcy list also includes a residence exemption of $800 (unmarried) or $1,250 (married). Ark. Code Ann. 16-66-218(a)(1), (b)(3)-(4); Ark. Const. art. 9, §§ 4-5 |
| California | California does not allow the federal bankruptcy exemptions. Instead, filers choose one of California's two systems: the regular exemptions in CCP 704.010 et seq. (including the homestead), or the alternative list in CCP 703.140(b). Spouses filing together must pick the same system; a married person filing alone generally needs a written waiver from the spouse to use the 703.140(b) list. Cal. Code Civ. Proc. 703.130, 703.140(a) | Regular system: the greater of $300,000 or the countywide median sale price for a single-family home in the prior calendar year, capped at $600,000; both figures adjust annually for inflation beginning January 1, 2022. Alternative 703.140(b) system: $36,750 in a residence (effective April 1, 2025). Cal. Code Civ. Proc. 704.730(a)-(b); 703.140(b)(1); Judicial Council form EJ-156 (rev. July 20, 2026) |
| Colorado | Colorado filers must use Colorado's exemptions. The federal 522(d) exemptions "are denied to residents of this state," and exemptions are limited to those expressly provided by Colorado statutes. C.R.S. 13-54-107 | $250,000 in equity if the home is occupied by the owner or the owner's family; $350,000 if occupied by an owner, spouse or dependent who is elderly (60 or older) or disabled. C.R.S. 38-41-201(1)-(2) |
| Connecticut | Filers may choose either Connecticut's exemptions or the federal bankruptcy exemptions in 11 U.S.C. 522(d). 11 U.S.C. 522(b)(1)-(3); Conn. Gen. Stat. ch. 906 | $250,000 in equity (fair market value minus liens); $75,000 if the debt is a judgment arising from sexual abuse or exploitation of a minor, sexual assault, or other willful, wanton or reckless misconduct. Conn. Gen. Stat. 52-352b(21) |
| Delaware | Delaware filers must use Delaware's exemptions. A debtor domiciled in Delaware "is not authorized or entitled to elect the federal exemptions" in 11 U.S.C. 522(d). 10 Del. C. § 4914(a) | Up to $200,000 in equity in real property or a manufactured home that is the debtor's principal residence. In a joint case the total for a principal residence may not exceed $200,000. The exemption is unavailable if the Bankruptcy Court finds the debtor owes certain debts (securities-law violations, fiduciary fraud, or crimes or reckless misconduct causing serious injury or death in the past 5 years). 10 Del. C. § 4914(c)(1), (d), (e) |
| District of Columbia | Filers may choose either the D.C. exemptions or the federal bankruptcy exemptions in 11 U.S.C. 522(d). 11 U.S.C. 522(b)(1)-(3); D.C. Code § 15-501 | The debtor's aggregate interest in real property used as the residence of the debtor or a dependent (or in a cooperative or burial plot), with no dollar limit stated; it does not impair a deed of trust, mortgage, mechanic's lien or tax lien. D.C. Code § 15-501(a)(14) |
| Florida | Florida filers must use Florida's exemptions: "residents of this state shall not be entitled to the federal exemptions provided in s. 522(d)." Fla. Stat. 222.20 | No dollar limit. Outside a municipality: up to 160 acres of contiguous land and improvements. Inside a municipality: up to one-half acre of contiguous land, limited to the residence of the owner or the owner's family. Does not protect against taxes and assessments on the property, purchase-money or improvement loans, or certain labor liens. Fla. Const. art. X, § 4(a)(1) |
| Georgia | Georgia filers must use Georgia's exemptions: a Georgia-domiciled debtor "is prohibited from applying or utilizing 11 U.S.C. Section 522(d)." O.C.G.A. 44-13-100(b) | Up to $21,500 in real or personal property used as a residence; $43,000 where the property is titled solely in one of two spouses who is a debtor. O.C.G.A. 44-13-100(a)(1) |
| Hawaii | Filers may choose either Hawaii's exemptions or the federal bankruptcy exemptions in 11 U.S.C. 522(d). 11 U.S.C. 522(b)(1)-(3); HRS chapter 651 | An interest in one parcel of real property in Hawaii worth up to $30,000 (fair market value over prior liens) for a head of a family or a person 65 or older, or up to $20,000 for any other person. Only one exemption per parcel. Does not apply against mortgages, tax liens and certain other liens. HRS § 651-92(a)-(b) |
| Idaho | Idaho filers must use Idaho's exemptions: a debtor "may exempt from property of the estate only such property as is specified under the laws of this state." Idaho Code § 11-609 | Up to $175,000, with no limit on land area. Idaho Code § 55-1003 |
| Illinois | Illinois filers must use Illinois exemptions: residents "shall be prohibited from using the federal exemptions provided in Section 522(d)," except as otherwise permitted by Illinois law. 735 ILCS 5/12-1201 | $50,000 per individual in a home (farm or lot and buildings, condominium, cooperative or personal property such as a mobile home) occupied as a residence. If two or more people own the property, each person's exemption is limited to their proportionate share of $100,000 based on percentage of ownership. 735 ILCS 5/12-901 (as amended by P.A. 104-120, eff. 1-1-26) |
| Indiana | Not verified yet | $22,750 for real estate or personal property that is the debtor's (or a dependent's) personal or family residence. Property held as tenants by the entirety may be exempt against debts owed by only one spouse. IC 34-55-10-2(c)(1), (c)(5); 750 IAC 1-1-1(c); Indiana Small Claims Manual (updated 12/23/2025), Notice of Exemptions |
| Iowa | Iowa filers must use Iowa's exemptions: a debtor to whom Iowa law applies "is not entitled to elect to exempt" the property listed in 11 U.S.C. 522(d). Iowa Code § 627.10 | No dollar limit. The homestead is limited by area: up to one-half acre within a city plat, otherwise up to 40 acres in total (and if its value is under $500 it may be enlarged to reach that amount). People living together as one household may claim only one homestead. Iowa Code §§ 561.16, 561.2 |
| Kansas | Kansas filers must use Kansas exemptions; no individual debtor may elect the federal exemption list. Kansas does allow filers to add the federal benefits exemption in 11 U.S.C. 522(d)(10) (Social Security, unemployment, disability, alimony/support and certain pension payments) on top of state exemptions. K.S.A. 60-2312(a)-(b) | No dollar limit. Up to 160 acres of farming land, or one acre within an incorporated town or city, or a manufactured or mobile home, occupied as a residence by the owner or the owner's family. Does not protect against taxes, purchase-money obligations or improvement liens. K.S.A. 60-2301 |
| Kentucky | Filers may choose either Kentucky's exemptions or the federal bankruptcy exemptions: a Kentucky-domiciled debtor "is authorized to exempt" the property listed in 11 U.S.C. 522(d). KRS 427.170 | Up to $5,000 in real or personal property used as a permanent residence in Kentucky (or a burial plot). Does not apply against a mortgage or purchase money owed on the homestead, or to debts that existed before the property was bought or improved. KRS 427.060 |
| Louisiana | Louisiana filers must use Louisiana exemptions: in bankruptcy, only property exempt "under the laws of the state of Louisiana and under federal laws other than 11 U.S.C. 522(d)" is exempt. La. R.S. 13:3881(B)(1) | Up to $35,000 in value of a residence occupied by the owner, with the land and contiguous tracts up to 5 acres inside a municipality or up to 200 acres outside one. For obligations arising directly from a catastrophic or terminal illness or injury (as defined), the full value is protected. Does not apply to purchase-price debts, improvement liens, taxes and certain other debts. La. R.S. 20:1(A)-(C); La. Const. art. XII, § 9 |
| Maine | Maine filers must use Maine (and federal non-bankruptcy) exemptions: a debtor may exempt "only that property exempt under 11 United States Code, Section 522(b)(3)(A) and (B)," with a special rule letting debtors eligible for the higher age-60+/disability residence exemption claim that amount. 14 M.R.S. § 4426 (as amended by PL 2025, c. 655) | Statutory amounts: $80,000; $160,000 if minor dependents live with the debtor; $160,000 if the debtor or a dependent is 60 or older or disabled (joint-ownership limits apply). As adjusted for inflation by the Supreme Judicial Court: $94,300, $188,550, and $282,800 (the adjusted figure for the $240,000 joint-owner cap). The exemption does not apply to judgments for torts beyond ordinary negligence, and a principal residence is fully exempt from execution for medical debt. 14 M.R.S. § 4422(1); SJC Administrative Order JB-24-02 |
| Maryland | Maryland filers must use Maryland exemptions: "In any bankruptcy proceeding, a debtor is not entitled to the federal exemptions provided by § 522(d) of the federal Bankruptcy Code." Md. Code, Cts. & Jud. Proc. § 11-504(g) | In bankruptcy, the debtor's interest in owner-occupied residential real property (including a condominium or a manufactured home converted to real property) or a housing cooperative, up to the amount in 11 U.S.C. 522(d)(1) as adjusted under 11 U.S.C. 104. It cannot be claimed on a property if the debtor or a close relative successfully claimed it on that property within the prior 8 years, and both spouses cannot claim it in the same case. Md. Code, Cts. & Jud. Proc. § 11-504(f)(1)(i)2, (f)(1)(ii), (f)(2)-(3) |
| Massachusetts | Filers may choose either the Massachusetts exemptions or the federal bankruptcy exemptions in 11 U.S.C. 522(d). 11 U.S.C. 522(b)(1)-(3); M.G.L. c. 235, § 34 | An automatic homestead exemption of $125,000 applies to a principal residence without any filing. A declared homestead exemption of $1,000,000 is available by recording a written homestead declaration. For joint tenants or tenants by the entirety the exemption stays whole (not split) but owners together cannot exceed the cap; for tenants in common or trust beneficiaries it is divided among the owners. Elderly (62+) or disabled owners may record a separate declaration under section 2. M.G.L. c. 188, §§ 1, 3 |
| Michigan | Filers may choose either the federal bankruptcy exemptions in 11 U.S.C. 522(d) or Michigan's bankruptcy-specific exemption list in MCL 600.5451 (which a debtor may use "under 11 USC 522(b)(2)"). 11 U.S.C. 522(b)(1)-(3); MCL 600.5451(1) | Under MCL 600.5451: $51,150 for cases filed on or after April 1, 2026 ($76,725 if the debtor or a dependent is 65 or older or disabled); statutory base $30,000 / $45,000. A homestead is a dwelling and its land up to 40 acres outside a recorded plat, city or village, or one lot inside one. MCL 600.5451(1)(m), (5)(d); Michigan Department of Treasury inflation notice (Jan. 30, 2026) |
| Minnesota | Filers may choose either Minnesota's exemptions or the federal bankruptcy exemptions in 11 U.S.C. 522(d). 11 U.S.C. 522(b)(1)-(3); Minn. Stat. § 550.37 | $540,000 per homestead, or $1,350,000 if used primarily for agricultural purposes (effective July 1, 2026; the statute text currently reads $510,000 / $1,275,000). The homestead may include up to 160 acres. Minn. Stat. § 510.02, subds. 1-2; Minnesota Department of Commerce adjustment effective July 1, 2026 |
| Mississippi | Mississippi filers must use Mississippi exemptions: "residents of the State of Mississippi shall not be entitled to the federal exemptions" in 11 U.S.C. 522(d). Miss. Code Ann. § 85-3-2 | Up to $75,000 in value (including improvements, after existing encumbrances), on no more than 160 acres of land. Miss. Code Ann. § 85-3-21 |
| Missouri | Missouri filers must use Missouri (and federal non-bankruptcy) exemptions; no filer "is authorized to claim as exempt the property that is specified under Title 11, United States Code, Section 522(d)." RSMo 513.427 | Until December 31, 2026: up to $15,000 in a dwelling house and the land used with it. For cases governed by the version effective January 1, 2027: up to $40,000. Multiple owners share one exemption per homestead. RSMo 513.475.1 (version effective Aug. 28, 2003; amended version effective Jan. 1, 2027) |
| Montana | Montana has opted out of the federal exemptions. A person filing bankruptcy in Montana may not use the federal exemption list in 11 U.S.C. 522(d) and instead uses the exemptions listed in Montana law, including the execution exemptions in Title 25, chapter 13, part 6 and the homestead law in Title 70, chapter 32. Mont. Code Ann. § 31-2-106 | A homestead (the dwelling house or mobile home the claimant lives in, its appurtenances and the land it sits on) is protected up to the homestead value limit. The statute set the limit at $350,000 in 2021 and requires it to increase by 4% every calendar year after 2021, with the Department of Revenue setting the figure by administrative rule. A co-owner's exemption is limited to a share proportional to the co-owner's interest. The statute sets a value limit, not an acreage limit. The person selecting a homestead must sign, acknowledge and record a declaration of homestead. Mont. Code Ann. §§ 70-32-101, 70-32-104, 70-32-105; § 31-2-106(1) |
| Nebraska | Nebraska has opted out of the federal exemptions. The state rejects the federal exemptions in 11 U.S.C. 522(d) and applies the exemptions in Nebraska statutes and the Nebraska Constitution to bankruptcy cases filed in Nebraska. Neb. Rev. Stat. § 25-15,105 | A homestead of up to $120,000 in value, consisting of the dwelling house the claimant lives in, its appurtenances and the land it sits on: up to 160 acres outside an incorporated city or village, or, at the claimant's option, up to two contiguous lots inside one. It is exempt from judgment liens and from execution or forced sale, except as provided in sections 40-101 to 40-116. Neb. Rev. Stat. § 40-101 |
| Nevada | Nevada has opted out of the federal exemptions. The federal bankruptcy exemptions in 11 U.S.C. 522(d) do not apply to property owned by a Nevada resident unless Nevada's own exemption list also provides them. NRS 21.090(3) | A homestead is protected up to $605,000 in equity. If allodial title has been established and not relinquished, all equity in the dwelling, its appurtenances and land is protected. The exemption does not apply to debts for the purchase of the property or improvements (including mechanic's liens), legal taxes, mortgages or deeds of trust (including refinances, home equity loans and lines of credit), or certain consented-to liens such as homeowners' association liens, unless allodial title applies. A dwelling the debtor occupies on land the debtor does not own (for example, a home on rented land) is protected up to $605,000 in equity. The statute sets an equity limit, not an acreage limit. A homestead is selected by a written declaration of homestead. NRS 115.010; NRS 115.020; NRS 21.090(1)(l)-(m) |
| New Hampshire | Not verified yet | $400,000 in a homestead (or interest in one) for a single person; when more than one person holds or claims the exemption, the total is capped at $550,000. The home must have been used continuously as the primary residence for the previous 12 months; sale proceeds remain protected if reinvested in a new primary residence within 6 months. The right covers owned and occupied manufactured housing (but not land the owner doesn't also own), mobile homes, cooperatives and condominiums. The full market value may be claimed if the debt came from unpaid medical bills or other debts directly resulting from a terminal or catastrophic injury or illness. The statute sets a dollar limit, not an acreage limit. RSA 480:1 |
| New Jersey | Under federal bankruptcy law, a filer may choose either the federal exemption list in 11 U.S.C. 522(d) or the state's exemptions (plus other federal non-bankruptcy exemptions), unless state law specifically does not authorize the federal list. No New Jersey statute rejecting the federal exemptions was found in the official New Jersey statutes text, so New Jersey filers generally may choose between the federal list and New Jersey's exemptions. Spouses filing a jointly administered case must both use the same list. The New Jersey bankruptcy court's exemption page notes that exemptions are not automatic and must be listed on Schedule C. 11 U.S.C. § 522(b)(1)-(3); U.S. Bankruptcy Court, District of New Jersey, Information Concerning Exemptions | New Jersey has no general homestead exemption; the Legislature's own findings in the 2025 Veterans and Military Spouses Asset Protection Act state that the State does not provide one. That act exempts the primary residence and one secondary residence of a veteran (honorably discharged), current service member or military spouse from levy, execution, attachment or forced sale, with no value limit, if ownership of both is recorded with the county clerk. It does not apply to mortgages or voluntary liens, government taxes and obligations, or judgments arising from the debtor's willful misconduct, fraud or criminal activity. N.J.S.A. 2A:17-17.2(c); N.J.S.A. 2A:17-17.4 (L.2025, c.326) |
| New Mexico | Not verified yet | $150,000 in a home or land the filer owns and uses as a primary residence, or $300,000 if the filer's spouse died within two years before the claim and could have claimed the exemption. A "domicile" can include a mobile home, trailer, RV, outbuilding or similar shelter. The statute has no acreage limit and is to be read liberally in favor of the person claiming it. It applies in bankruptcy but not against properly perfected liens of secured creditors. NMSA 1978, § 42-10-9 |
| New York | New York lets an individual filer choose. The filer may use New York's own bankruptcy exemptions (Debtor and Creditor Law Article 10-A, which brings in the CPLR 5205 and 5206 exemptions) or, instead, the federal bankruptcy exemptions in 11 U.S.C. 522(d). N.Y. Debt. & Cred. Law § 285 | A principal residence (a house and lot, co-op shares, a condominium unit, or a mobile home) is exempt up to a value above liens that depends on the county. For cases and enforcement starting on or after April 1, 2024, the New York Department of Financial Services lists the adjusted homestead amounts as $204,825, $170,700 and $102,400. The statute sets three county tiers: Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam (base $150,000); Dutchess, Albany, Columbia, Orange, Saratoga and Ulster (base $125,000); and all other counties (base $75,000). The homestead exemption has no acreage limit; it is limited by dollar value. N.Y. CPLR 5206(a); Debt. & Cred. Law § 282; NYDFS exemption adjustment effective April 1, 2024 |
| North Carolina | North Carolina has opted out of the federal bankruptcy exemptions. The federal exemption list in 11 U.S.C. 522(d) does not apply to North Carolina residents; they use the exemptions in North Carolina law instead. Within state law, a filer may choose the much smaller exemptions in Article X of the North Carolina Constitution ($1,000 in a home and $500 in personal property) instead of the G.S. 1C-1601 list. N.C. Gen. Stat. § 1C-1601(f); § 1C-1602 | Up to $35,000 in value in real or personal property that the filer or a dependent uses as a residence (including an interest in a housing cooperative), or in a burial plot. An unmarried filer age 65 or older may protect up to $60,000 if the property was previously owned with a now-deceased co-owner as tenants by the entireties or joint tenants with right of survivorship. There is no acreage limit; the limit is by dollar value. N.C. Gen. Stat. § 1C-1601(a)(1) |
| North Dakota | North Dakota has opted out of the federal bankruptcy exemptions. Residents are not entitled to the federal exemptions in 11 U.S.C. 522(d) and are limited to the exemptions allowed by North Dakota law. N.D. Cent. Code § 28-22-17 | Up to $150,000 in value over and above liens and encumbrances, covering the land the filer lives on, the house on that land, and its improvements. There is no acreage limit, but the homestead cannot include separate lots or tracts unless they are contiguous. A mobile home or house trailer used as a residence can be claimed instead, subject to the same value limit. A resident who does not claim the homestead may instead claim an exemption of up to $25,000 in lieu of the homestead. N.D. Cent. Code § 47-18-01; § 28-22-02(7), (10); § 28-22-03.1(1) |
| Ohio | Ohio has opted out of the federal bankruptcy exemptions. People domiciled in Ohio cannot use the federal exemption list in 11 U.S.C. 522(d) and must use Ohio's exemptions instead. Ohio Rev. Code § 2329.662 | $182,625 in one parcel or item of real or personal property that the filer or a dependent uses as a residence, for April 1, 2025 through March 31, 2028. Ohio's homestead exemption has no acreage limit; it is limited by dollar value only. Ohio Rev. Code § 2329.66(A)(1)(b), (B); Ohio Judicial Conference exemption table |
| Oklahoma | Oklahoma has opted out of the federal bankruptcy exemptions. A person living in Oklahoma cannot use the federal exemption list in 11 U.S.C. 522(d) and must use the exemptions allowed by Oklahoma law, unless an Oklahoma statute expressly permits otherwise. Okla. Stat. tit. 31, § 1(B) | The home that is the person's principal residence (including a manufactured home used as the principal residence) is exempt with no dollar limit in the statute. The homestead may be up to 1 acre inside a city or town, or up to 160 acres outside a city or town. At least 75% of the home's square footage must be used as the principal residence; if more than 25% is used for business, the exemption is limited to $5,000. Okla. Stat. tit. 31, § 1(A)(1)-(2); § 2(A), (C) |
| Oregon | Oregon has not opted out. A person living in Oregon who files for bankruptcy may use either the federal exemptions in 11 U.S.C. 522(d) or the Oregon state exemptions, but not both. Using any exemption from one list rules out the other list. Or. Rev. Stat. § 18.300 | The statute sets the homestead exemption at $150,000 for one debtor, or $300,000 combined for two or more household members who are debtors, and requires the State Court Administrator to adjust these amounts for inflation every July 1. The Oregon Judicial Department's published table lists $158,300 for one judgment debtor and $316,700 for two or more in the same household for the period from July 1, 2026 to before July 1, 2027. The home must be the actual residence of the owner or the owner's spouse, parent or child. Area limit: up to 160 acres outside a town or city laid off into blocks and lots, or up to one block inside such a town or city. For child support, spousal support or restitution debts the exemption is $40,000 ($50,000 combined) and is not indexed. The exemption does not apply to purchase-money liens, mortgages, or construction liens for work on the home. Or. Rev. Stat. § 18.395(1); § 18.402; § 18.406; Oregon Judicial Department, Homestead Exemption Annual Adjustment table |
| Pennsylvania | Not verified yet | Real property can be covered only by the $300 general monetary exemption, which applies to any property of the debtor (it does not apply against the mortgage in a foreclosure judgment on that property). 42 Pa.C.S. § 8123(a), (b)(5) |
| Rhode Island | Not verified yet | Up to $500,000 in the land and buildings (or personal property used as a residence) that the owner or rightful possessor occupies or intends to occupy as a principal residence. The homestead is automatic; no declaration needs to be filed. Only one principal residence per family qualifies. It does not protect against taxes and municipal liens, debts contracted before the homestead was acquired, debts for the purchase of the home, family court support orders, Medicaid reimbursement liens, mortgages and mechanics' liens, or debts owed to federally insured deposit-taking institutions or entities regulated under Title 19. The statute sets no acreage limit. R.I. Gen. Laws § 9-26-4.1 |
| South Carolina | South Carolina has opted out of the federal bankruptcy exemptions. A person filing bankruptcy cannot use the federal exemption list in 11 U.S.C. 522(d) except as expressly allowed by South Carolina law, so South Carolina filers use the state exemptions. S.C. Code Ann. § 15-41-35 | The statute's base amount is $50,000 in a home (real or personal property, or a cooperative) that the debtor or a dependent uses as a residence, or in a burial plot; multiple owners of a single home may not exceed $100,000 combined. A surviving spouse who meets the statute's conditions may exempt up to an additional $50,000 inherited from the deceased spouse. These amounts are adjusted for inflation every even-numbered year; under the adjustment effective July 1, 2024, the homestead amounts were $76,125 and $152,250 (multiple owners). The statute sets no acreage limit. S.C. Code Ann. § 15-41-30(A)(1), (B) |
| South Dakota | South Dakota has opted out of the federal bankruptcy exemptions. Under state law, South Dakota residents are not entitled to the federal exemptions in 11 U.S.C. § 522(d) and use the exemptions in the South Dakota Constitution and statutes instead. SDCL 43-31-30; SDCL 43-45-13 | The homestead is absolutely exempt, with no general dollar limit. It covers one dwelling house (real property or a qualifying mobile home) and buildings appurtenant to it. Area limit: 1 acre within a town plat, or up to 160 acres in total outside a town plat (smaller limits apply to homesteads on certain mineral-claim land). If the homestead is sold, up to one hundred thousand dollars of the sale proceeds is exempt for one year after the owner receives them. For a person 70 or older (or that person's unremarried surviving spouse), the exemption is limited to one hundred seventy thousand dollars. SDCL 43-31-1, 43-31-2, 43-31-4; SDCL 43-45-3 |
| Tennessee | Tennessee has opted out of the federal bankruptcy exemptions. State law declares Tennessee's exemptions adequate and says Tennessee citizens are not authorized to claim the federal exemptions in 11 U.S.C. § 522(d); Tennessee residents use Tennessee exemptions. Tenn. Code Ann. § 26-2-112 | An individual may exempt up to thirty-five thousand dollars ($35,000) of real property owned and used by the individual, spouse, or dependent as a principal residence. Joint owners who both use the property as their principal residence may claim a combined total of up to fifty-two thousand five hundred dollars ($52,500), divided equally if claimed in the same proceeding (if only one joint owner is in the proceeding, that person's exemption is $35,000). The exemption does not apply against property taxes, purchase-money debt for the home or its improvements, or a debt secured by the home where the exemption was waived in a written contract. The statute sets no acreage limit. Tenn. Code Ann. § 26-2-301 |
| Texas | Not verified yet | Texas law sets no dollar limit on the homestead exemption; it is limited by area instead. An urban homestead (or an urban home also used for a business) may be up to 10 acres, in one or more contiguous lots. A rural homestead may be up to 200 acres for a family, or 100 acres for a single adult, in one or more parcels. The homestead is exempt from seizure for creditors' claims except for liens properly fixed on it (such as purchase money, property taxes, written contracts for improvements, certain refinances, home equity loans, and reverse mortgages that meet constitutional requirements). Proceeds from selling a homestead are protected for six months after the sale. Tex. Prop. Code §§ 41.001, 41.002 |
| Utah | Utah has opted out of the federal bankruptcy exemptions. A person may not use the federal exemptions in 11 U.S.C. § 522(d) in a bankruptcy case unless the person is a nonresident of Utah and has been for the 180 days immediately before filing; Utah residents use Utah's exemptions. Utah Code § 78B-5-513 | For calendar year 2026, the Office of the State Auditor lists the inflation-adjusted homestead amounts as $53,700 for a primary personal residence and $6,400 for property that is not (in whole or part) the primary personal residence. For jointly owned property, the household maximum is $107,500 for a primary personal residence and $12,800 otherwise. A primary personal residence is a dwelling or mobile home plus up to one acre of surrounding land reasonably necessary for its use. The homestead is not protected against property tax liens, purchase-money debts, child-support judicial liens, or consensual liens (such as a mortgage). Sale proceeds, up to the exemption amount, stay exempt for one year. Utah Code § 78B-5-503; Office of the State Auditor, Homestead Exemption 2026 |
| Vermont | Not verified yet | A homestead (dwelling house, outbuildings, and the land used with them) owned and used or kept by the person as a homestead is exempt up to $125,000.00 in value, together with its rents, issues, profits, and products. The statute sets no acreage limit. 27 V.S.A. § 101 |
| Virginia | Virginia has opted out of the federal bankruptcy exemptions. A person filing bankruptcy may not use the federal exemption list in 11 U.S.C. 522(d), except as Virginia's exemption title expressly allows, so Virginia filers use Virginia's state exemptions. Va. Code § 34-3.1 | A householder may exempt real or personal property used as the principal residence of the householder or the householder's dependents, up to $50,000 in value. This is in addition to the $5,000 (or $10,000 if 65 or older) exemption in any property the householder chooses. The statute does not set an acreage limit. Va. Code § 34-4 |
| Washington | Washington has not opted out of the federal bankruptcy exemptions, so filers may choose either Washington's state exemptions or the federal exemption list in 11 U.S.C. 522(d). Washington's exemption statute itself refers to a debtor exempting property "under the bankruptcy exemption provisions of 11 U.S.C. Sec. 522(d)." Spouses who file separate cases within six months of each other cannot split the systems: if one spouse uses the federal exemptions, the other may not claim Washington's personal property exemptions. RCW 6.15.050(8) | The homestead exemption is the greater of $125,000 or the county median sale price of a single-family home in the preceding calendar year (courts use data from the Washington Center for Real Estate Research). There is no dollar limit when the creditor is another state collecting income tax on Washington residents' pension or retirement benefits. The statute sets no acreage limit. RCW 6.13.030 |
| West Virginia | West Virginia has its own list of exemptions that apply specifically in bankruptcy. The same statute also says that an individual debtor domiciled in West Virginia may exempt the property listed in the federal exemptions (11 U.S.C. 522(d)), "solely for the purpose of applying" 11 U.S.C. 522(b)(2) and only to the extent federal law otherwise allows. W. Va. Code § 38-10-4(k) | In bankruptcy, a debtor may exempt up to $35,000 of interest in real or personal property that the debtor or a dependent uses as a residence (including a cooperative), or in a burial plot. A licensed physician who files bankruptcy partly because of a medical malpractice verdict or judgment, and who carries malpractice insurance of at least $1 million per occurrence, may exempt more than $35,000, up to $250,000 per household. The statute sets no acreage limit. W. Va. Code § 38-10-4(a) |
| Wisconsin | Wisconsin has not opted out of the federal bankruptcy exemptions. The Eastern District of Wisconsin bankruptcy court's FAQ describes both the federal exemptions in the Bankruptcy Code (11 U.S.C. 522) and Wisconsin's state exemptions as available to Wisconsin debtors. Under federal law (11 U.S.C. 522(b)), a filer uses one list or the other, not a mix. U.S. Bankruptcy Court, E.D. Wis., Frequently Asked Questions; Wis. Stat. § 815.18 (no opt-out provision) | A homestead selected and occupied by a resident owner is exempt up to $75,000. For land owned jointly by spouses (jointly, in common, or as marital property), each spouse may claim up to $75,000. If the home is sold, the exemption carries over to the sale proceeds, up to $75,000, for 2 years while held with the intention of buying another home. The exempt homestead includes the dwelling (including a condominium, mobile or manufactured home, or cooperative) and as much surrounding land as is reasonably necessary for use as a home, at least 0.25 acre if available and not more than 40 acres. Wis. Stat. § 815.20(1); Wis. Stat. § 990.01(14) |
| Wyoming | Wyoming has opted out of the federal bankruptcy exemptions. The federal exemption list in 11 U.S.C. 522(d) is not available when Wyoming law applies on the filing date and the debtor's domicile has been in Wyoming for the 180 days before filing (or for longer during that period than anywhere else). Those filers use Wyoming's state exemptions. Wyo. Stat. § 1-20-109 | Every Wyoming resident is entitled to a homestead exemption of up to $100,000 in value, which applies only while the owner or the owner's family occupies the home. When two or more people jointly own and live in the same residence, each is entitled to the exemption. The homestead may be a house on a lot or on other land of any number of acres, or a house trailer or other movable home, so the statute sets no acreage limit. Wyo. Stat. §§ 1-20-101, 1-20-102, 1-20-104 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.