Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
The Scope of the Utah Homestead Exemption Utah law permits you to protect property that is not your primary personal residence, but if you don't live in the property, the exemption amount is limited to $5,000. The homestead exemption also applies to sale proceeds for up to one year after the property is sold.
Homestead declaration protects against attachment, seizure, execution on judgment, levy or sale for the payment of debts up to one million dollars ($1,000,000) per residence, per family.
(As of August 2024) All Massachusetts homeowners who own a home as their primary residence are eligible for a $1,000,000.00 “declared homestead exemption” via a written declaration filed with the Registry of Deeds where the property is located.
Anyone who owns and occupies a primary residence in Massachusetts may apply for additional Homestead Exemption protection. This means that anyone including individual homeowners, married couples, and anyone who owns a home with an unrelated person may file an application to receive the exemption.
Clauses 41, 41B, 41C or 41C½ provide exemptions to seniors who meet specific ownership, residency, income and asset requirements. Seniors 70 or older may, alternatively, qualify for exemption under Clauses 17, 17C, 17C½ or 17D, which provide a reduced benefit, but have less strict eligibility requirements.
Currently eleven municipalities in Massachusetts use the residential exemption: Boston, Brookline, Cambridge, Chelsea, Marlboro, Nantucket, Somerset, Somerville, Tisbury, Waltham, and Watertown.
To protect the value of your property up to one million dollars ($1,000,000) per residence, per family, you must file a document called a “Declaration of Homestead”. You can file this form at the Registry of Deeds in the county or district where your property is located, referencing the title/deed to the property.
The Homestead Act, enacted during the Civil War in 1862, provided that any adult citizen, or intended citizen, who had never borne arms against the U.S. government could claim 160 acres of surveyed government land.
1. California. California has two systems for the homestead exemption. Under one system, homeowners can exempt up to $600,000 of equity in a house.
A decedent's surviving spouse is entitled to a homestead allowance of $22,500. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to $22,500 divided by the number of minor and dependent children of the decedent.