Definition of "Homestead Exemption"

Through the homestead exemption definition, we understand the legal instrument that provides physical and financial shelter in dire situations. The homestead exemption legal provision can be applied following the death of the homeowner’s spouse or in case of a bankruptcy declaration. Through the homestead tax exemption, surviving spouses can also obtain ongoing property-tax relief on a gradient scale that impacts lower assessed value homes the most.

What is the Homestead Exemption?

Across America, there are many instances where the homeowner is also the main provider for a family. The homestead exemption protects a family from winding up homeless in some of the worst scenarios imaginable. The death of a spouse who, aside from being the homeowner, was also the main provider of a family can shatter families and lives as creditors try to cover their debt without taking into account the family’s trauma. 

A family who recently experienced loss or filed for bankruptcy is protected from creditors in these traumatic situations through a homestead exemption. As it covers the home, the homestead exemption provides both a physical shelter and a financial umbrella as the creditors won’t be able to force-sell the family’s primary residence

However, there is one thing that a homestead exemption can not do. In case the homeowner defaults on their mortgage, the homestead exemption is unable to block a bank foreclosure. In case the possibility of defaulting on a mortgage ever comes up, and the scenario fits, any homeowner should apply for the benefit and check with local government officials to see if they can benefit from it.

How does Homestead Exemption Work?

Only a few states or territories do not provide homestead exemption provisions (New Jersey, Pennsylvania). Still, while the majority can apply it, the level of protection and its application differs by state. Some states grant the homestead exemption automatically, while others require claims to be filed from homeowners. 

It is necessary to understand that only the homestead property can be protected from creditors through the homestead exemption. The homestead property is the primary residence property. So, just to clarify, the holiday home is not covered by the homestead exemption. If the surviving spouse changes their primary residence, they must claim homestead exemption again for the new primary residence.

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

An increase in land occurring from the withdrawal of a body of water. Normally, when reliction occurs, the increase in land area belongs to the individual having water rights in the area. ...

To understand the definition of the term demised premises, one must understand what demise means. Because demised premises is a widespread use for the term demise. The demised premises ...

Economic or physical life of a fixed asset. The property is depreciated over the period benefited. ...

Expected period that property will provide benefits. It is typically less than physical life of the property because the property continues to have physical life regardless of inefficiency ...

Horizontally placed timber that is connected to other timber. Smooth, flat, thin piece of metal. Electrical covering. ...

A lease requiring tenants to pay all utilities, insurance, taxes, and maintenance costs. ...

The term foraging comes from the old germanic language, which passed through Old French “fuerre” and “fourrage” and it means the search for wild food resources. ...

Ownership of property by two or more people in undivided interests, without the right of survivorship. Each coowner's interest may be conveyed separately by its owner. Tenancy in common ...

Fan with an opening to the outside air that lets stale or hot air exit the structure; usually used in a kitchen when cooking or in a bathroom that does not have a window. It is used for ...

Popular Real Estate Questions