How am I protected if I am 62 or older, or disabled?

The real property or manufactured homes of persons sixty-two (62) years of age or older, regardless of marital status, or of a disabled person or persons, regardless of age, shall be protected against subsequent attachment, seizure or execution of judgment to the extent of five hundred thousand dollars ($500,000) each.

Real property or manufactured homes must serve as an individual's principal residence and each individual filing will be eligible for protection up to a maximum amount of five hundred thousand dollars ($500,000) each regardless of whether such declaration is filed individually or jointly with another. Elderly persons filing jointly, regardless of marital status, will be exempt up to five hundred thousand dollars ($500,000) each. Be sure to use the proper homestead form when you file.

Show All Answers

1. What is a Declaration of Homestead/Homestead Protection?
2. Where do I file my Homestead?
3. How am I protected?
4. How am I protected if I am 62 or older, or disabled?
5. What does the Homestead Law mean by a “disabled person”?
6. Are my spouse and children covered, should I pass away?
7. If I am over 62 and my spouse is under 62, should we both file?
8. Will my Homestead Declaration protect my home from being taken if I go into a nursing home?
9. Is there anything I will not be protected from?
10. Can (a) trustee(s) file for home Homestead protection?
11. What happens to my Homestead if I should re-mortgage or take out a second mortgage or home equity loan?
12. If I divide my time equally between my winter and summer residences, can I declare a Homestead on both?
13. Does the Homestead protection take the place of home insurance?
14. How does the Homestead Declaration help protect a home against unsecured creditors in bankruptcy proceedings?
15. Where can additional information be obtained about bankruptcy issues as they apply to Homestead protection?
16. Is the Homestead form difficult to understand and fill out?
17. Can my Homestead be terminated?
18. What is the filing fee?
19. How can I tell if my real property is recorded or registered land?