What is the homestead exemption in Missouri and how do I claim it?
Missouri offers modest creditor protection and a refundable property-tax credit for seniors.
1. Two Concepts
Missouri has (a) the Property Tax Credit (Circuit Breaker) administered by the Department of Revenue and (b) a creditor/bankruptcy homestead under Mo. Rev. Stat. § 513.475.
2. Creditor / Bankruptcy Homestead
§ 513.475 protects $15,000 of equity in a primary residence; mobile homes receive $5,000 under § 513.430.1(6). Spouses cannot double the homestead — only one $15,000 exemption per household.
3. Automatic vs Declaration
The exemption auto-attaches; no recording is needed.
4. Federal Bankruptcy Cap
Missouri opted out of federal exemptions (§ 513.427). BAPCPA § 522(p)'s $189,050 cap is rarely relevant.
5. Property-Tax Homestead
Missouri does not provide a flat exemption. Instead, the Property Tax Credit (§ 135.010-135.035) refunds up to $1,100 for renters and homeowners 65+, disabled, or surviving spouses with household income under $30,000 (single) / $34,000 (married). SB 190 (2024) authorizes counties to freeze property-tax assessments for seniors.
6. Filing Property-Tax Exemption
File Form MO-PTC with the Department of Revenue by April 15 with your income tax return.
7. Spousal Protections
Tenancy by the entirety (Mo. Rev. Stat. § 442.450) protects marital homes from individual-spouse judgments; both spouses must sign to convey.
8. Loss Triggers
Abandonment, conveyance, or loss of qualifying income/age status terminates protections.
9. Foreclosure & Forced Sale Exceptions
Purchase-money mortgages, property taxes, mechanic's liens, federal liens, and joint judgments override homestead and entireties protections.
This is legal information, not legal advice.
- Your home equity exceeds $15,000 and you are facing judgment execution
- A joint judgment threatens entireties property
- Your county is implementing the SB 190 senior freeze incorrectly
- Mo. Rev. Stat. § 513.475
- Mo. Rev. Stat. § 442.450
- Mo. Rev. Stat. § 135.010
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.