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

Increasing tax rates with increasing levels of taxable income. ...

loan that is not secured by a mortgage on a specific property. It is backed only by the borrower's credit rating. Unsecured loan are typically short term. The disadvantages of this kind of ...

Legal responsibility for something. For example, an owner of commercial property (e.g., restaurant) is legally obligated for damages on that property (e.g., restaurant patron falls and ...

Receipt given for a partial payment made on the sale of property. It shows the buyer has made a down payment. ...

To clip or prune shrubbery,etc. ...

Expenditure paid to occupy property over a specified time period. ...

One-time charge assessed by a bank or other financial institution at the closing of buying real property. The fee increases the effective cost to the borrower. One discount point translates ...

The continued and illegal occupancy of property after a legal period of occupancy has expired. In an estate at sufferance the tenant occupies the property at the sufferance of property ...

Oral defamation of the character or reputation of another. It is the basis for a lawsuit. ...

Popular Real Estate Questions