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.
Popular Real Estate Terms
The definition for the gross living area published by the Appraisal Institute’s Dictionary of Real Estate 4th Edition is: “The total area of finished, above-grade residential ...
In urban areas, one way to organize urban development is to keep track of building density. The building density definition is a way to determine the concentration of buildings in a given ...
All expenses related to maintaining and operating a household. These expenses include the cost of rent or mortgage payments, taxes, utilities, maintenance and structural improvements. The ...
Also called earnest money. Money deposited with an individual for security for the performance of some contract. This is intended to show his/her willingness to follow through with the ...
Apartment building in which each resident owns a percentage share of the corporation that owns the building. ...
Contract that intends to convey property form one individual to another but is defective in one respect. ...
Appraisal performed in accordance with the National Housing Act to determine the resale value of vacant or improved property in an urban area to be or under development. The renewal ...
Mutually binding property sales contract where the title remains with the seller until the purchase price is paid by the buyer. It is a contract to convey title in the future upon ...
Effective Age is the counterpart to a property’s Actual Age. While the former refers to the date a property was built, the latter is more of a sensorial depiction of its age; the age ...
Have a question or comment?
We're here to help.