What is the homestead exemption in Louisiana and how do I claim it?

Louisiana has a unique constitutional property-tax homestead and an unlimited medical-debt exemption.

1. Two Concepts

Louisiana has (a) the constitutional Homestead Exemption administered by parish assessors under La. Const. art. VII § 20 and (b) a creditor homestead under R.S. 20:1, including special protection from medical-debt claims.

2. Creditor / Bankruptcy Homestead

R.S. 20:1(A)(1) protects $35,000 of equity in a residence on up to 5 acres urban / 200 acres rural. R.S. 20:1(A)(2) provides UNLIMITED protection from debts arising from a catastrophic or terminal medical illness — uniquely strong shield against medical creditors.

3. Automatic vs Declaration

The exemption auto-attaches; recording is permitted but not required.

4. Federal Bankruptcy Cap

Louisiana opted out of federal exemptions (R.S. 13:3881). BAPCPA § 522(p)'s $189,050 cap applies to property acquired within 1,215 days, but medical-debt unlimited protection remains under state law.

5. Property-Tax Homestead

La. Const. art. VII § 20 exempts the first $75,000 of fair market value (equivalent to $7,500 in assessed value at the 10% residential ratio) from all property taxes except municipal taxes in Orleans Parish. Surviving spouses retain the exemption.

6. Filing Property-Tax Exemption

File with the parish assessor — typically a one-time application that renews automatically.

7. Spousal Protections

Community property (La. Civ. Code art. 2336) protects the marital home from separate debts of one spouse. Both spouses must concur to alienate (art. 2347).

8. Loss Triggers

Abandonment of the residence, conveyance, or loss of qualifying status (medical-debt exemption) ends protections.

9. Foreclosure & Forced Sale Exceptions

Purchase-money mortgages, property taxes, mechanic's liens, vendor's privileges, federal liens, child/spousal support, and judgments for fraud override the homestead.

This is legal information, not legal advice.