What is the homestead exemption in Virginia and how do I claim it?
Virginia is notable for requiring a recorded Homestead Deed to claim its creditor exemption.
1. Two Concepts
Virginia has (a) locally administered property-tax exemptions for the elderly and disabled under Va. Code § 58.1-3210 and (b) a creditor/bankruptcy homestead under § 34-4 that must be affirmatively claimed via a recorded Homestead Deed.
2. Creditor / Bankruptcy Homestead
Va. Code § 34-4 grants $25,000 per householder in real or personal property used as a residence, plus $5,000 for each dependent. Householders aged 65+ may add $25,000 (totaling $50,000) under § 34-4.2. Disabled veterans receive an additional exemption under § 34-4.1.
3. Automatic vs Declaration
UNLIKE most states, Virginia requires a recorded Homestead Deed under § 34-6 filed with the circuit court clerk in the county where the property lies, claimed BEFORE the creditor levies. Failure to record forfeits the exemption.
4. Federal Bankruptcy Cap
Virginia opted out of federal exemptions (§ 34-3.1). BAPCPA § 522(p)'s $189,050 cap is rarely triggered.
5. Property-Tax Homestead
§ 58.1-3210 authorizes counties and cities to exempt or defer property taxes for homeowners aged 65+ or permanently disabled. Income and net-worth limits vary by locality (e.g., Fairfax allows income up to $100,000 with full exemption tiers).
6. Filing Property-Tax Exemption
File the local application with the commissioner of revenue or treasurer; deadlines vary (often April 1 or July 1).
7. Spousal Protections
Tenancy by the entirety (Va. Code § 55.1-136) shields marital homes from individual judgments; both spouses must sign to convey.
8. Loss Triggers
Failing to record the Homestead Deed before a creditor's levy, abandoning the residence, or losing entireties status through divorce defeats the exemption.
9. Foreclosure & Forced Sale Exceptions
Purchase-money mortgages, property taxes, mechanic's liens, federal liens, and joint judgments override the exemption.
This is legal information, not legal advice.
- A judgment was docketed and you have not yet recorded a Homestead Deed
- You are filing bankruptcy and need to perfect your homestead claim
- Your locality denied an elderly/disabled property-tax exemption
- Va. Code § 34-4
- Va. Code § 34-6
- Va. Code § 58.1-3210
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.