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What are bankruptcy exemptions in California?

Federal & State Law Editorial TeamLast reviewed: 2026-05-02

California has the most generous and complex bankruptcy exemption framework in the country, with two parallel state systems.

1. Opt-Out State

California opted out of federal bankruptcy exemptions under 11 U.S.C. § 522(b)(2). Debtors must choose one of two California systems — and cannot mix and match.

2. System 1 — CCP § 704 (the "Homeowner Exemptions")

Best for debtors with significant home equity. Key exemptions (2024):

  • Homestead — § 704.730: minimum $349,720, maximum $722,925, indexed to county median home prices and adjusted annually for inflation. AB 1885 (2021) made this the highest in the country for most counties.
  • Motor vehicle — § 704.010: $7,500 equity per vehicle.
  • Tools of the trade — § 704.060: $10,275 (single) or $20,550 (married couple in same trade).
  • Personal property (household goods, clothing): unlimited if "ordinarily and reasonably necessary" — § 704.020.
  • Jewelry, heirlooms, art — § 704.040: $10,275.
  • Retirement accounts — § 704.115: 401(k), pensions = unlimited; IRAs = "necessary for support."
  • Public benefits, Social Security, unemployment — § 704.080, .120: fully exempt.
  • No wildcard under § 704.
  • 3. System 2 — CCP § 703 (the "Wildcard System")

    Best for renters or those with little home equity. Key exemptions (2024):

  • Homestead — § 703.140(b)(1): $34,850.
  • Wildcard — § 703.140(b)(5): $1,850 + any unused homestead amount = up to ~$36,700 of cash/anything.
  • Motor vehicle — § 703.140(b)(2): $7,500.
  • Tools of trade — § 703.140(b)(6): $11,150.
  • Jewelry — § 703.140(b)(4): $2,225.
  • Retirement accounts — § 703.140(b)(10)(E): "necessary for support."
  • 4. Choosing Between Systems

  • Significant home equity → § 704.
  • Renter or underwater homeowner → § 703 (wildcard is the key benefit).
  • 5. Domicile Requirement

    Per 11 U.S.C. § 522(b)(3), you must have lived in California for 730 days (2 years) before filing to use California exemptions. Otherwise, use the state where you lived the majority of the 180 days before that 730-day period.

    6. Indexing

    Both systems adjust amounts every 3 years under CCP § 703.150.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your home equity falls between the two systems and the choice affects which assets you keep
    • You haven't lived in California for 730 days and may be stuck with another state's exemptions
    • You have significant non-exempt assets that may be used to pay creditors
    Related Statutes & Laws
    • Cal. CCP § 703.140
    • Cal. CCP § 704.010
    • Cal. CCP § 704.060
    • Cal. CCP § 704.115
    • Cal. CCP § 704.730
    • 11 U.S.C. § 522(b)(3)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.