Is the Debtor’s Home Worth Pursuing?
You have a judgment. The debtor owns a house. Before you spend another dollar recording a lien or filing for an execution sale, one number decides everything: how much of that home’s equity the law actually lets you reach. Every state carves out a homestead exemption that a creditor cannot touch, and the amounts range from zero to unlimited. In nine jurisdictions the home is effectively untouchable no matter how large the equity; in a handful the debtor gets $5,000 or nothing at all. This guide gives you the current homestead figure and controlling statute for all 50 states, the District of Columbia, and Puerto Rico, framed for one decision: pursue the house, or move on. It is general legal information, not legal advice.
The Core Formula
Exposed equity = home value − (mortgages + senior liens) − the state homestead exemption. A judgment lien or a forced execution sale can only reach equity above that line. Run the number before you spend on enforcement: if the result is zero or negative, there is nothing for a creditor to take, and in most states a court will not order a sale that returns nothing to you after the senior claims and the debtor’s exempt homestead are paid.
So the practical test is simple. Find a debtor in Kentucky ($5,000 exemption) or a state with none, sitting on real equity, and the home is worth pursuing. Find that same equity in Florida, Texas, Iowa, or another unlimited-exemption jurisdiction, and the house is off the table no matter how large the number. Everything below is built to help you tell those two situations apart quickly. Figures are current as of mid-2026; homestead amounts change and many index for inflation, so verify the current statute before you act.
Watch: Reading a Debtor’s Home Equity
How the homestead exemption caps what a creditor can reach.
Watch Overview
How a Homestead Exemption Caps What You Can Reach
The lien attaches; the exemption limits what a sale returns.
A homestead exemption is a statutory (and in some states constitutional) shield that puts a slice of a debtor’s primary-residence equity beyond the reach of an ordinary money-judgment creditor. It does not make the debt disappear, and in most states it does not stop your judgment lien from attaching to the property. What it caps is recovery: how much money actually reaches you if the home is sold to satisfy the judgment. Getting this distinction right is the difference between a lien that quietly pays off years later and a wasted execution sale that returns nothing.
Two separate mechanisms are in play, and creditors conflate them at their peril. The first is the judgment lien. In most states, docketing or recording your judgment in the county where the debtor owns real property creates a lien against that property. Crucially, the lien usually attaches regardless of the homestead — the exemption limits collection, not attachment. That lien often works passively: it clouds title, and when the debtor eventually sells or refinances, your lien generally has to be paid (up to any available non-exempt equity) before clean title can pass. Many judgments on homesteaded property are ultimately satisfied this way, on the debtor’s timetable, without a single court motion. The lien sits and waits.
The second mechanism is the forced or execution sale — asking the court to have the sheriff seize and sell the home to pay your judgment now. This is legal in most states, but it is expensive, slow, and heavily constrained. A forced sale must first satisfy every senior claim: the first mortgage, any HELOC or second, tax liens, and then the debtor’s homestead exemption, which the debtor typically receives in cash off the top of the proceeds. Only what remains — the exposed equity — can go to you. If the exemption plus the mortgages swallow the equity, the sale returns nothing, and courts in many states will refuse to order a sale that leaves the creditor empty-handed. This is why forced sales of homesteads are legal in theory but rare in practice, and why the equity math has to be run before, not after, you file.
The rules trace back to a federal baseline that many practitioners misread. Under 11 U.S.C. Section 522, federal law sets a homestead figure but expressly lets each state opt out and impose its own — which is why the number that governs your debtor is almost always the state exemption in the table below, not a single national figure. State law is where this fight is won or lost.
The Exposed-Equity Calculation, Worked Through
One arithmetic line decides whether the house is worth your money.
Every enforcement decision on a home reduces to a single subtraction. Start with the property’s fair market value. Subtract every claim that outranks you — the mortgage balance, any second mortgage or home-equity line, recorded tax liens, and any prior judgment lien. Then subtract the debtor’s homestead exemption for that state. Whatever is left is the exposed equity: the only pool a judgment lien or forced sale can actually reach.
Worked example
Take a debtor whose home appraises at $400,000. It carries a $250,000 first mortgage and a $20,000 recorded HELOC. Run the same debtor through three states:
In Florida (unlimited exemption). Value $400,000 minus $270,000 in senior liens, leaves $130,000 of equity. But Florida’s constitutional homestead protects the entire remaining equity with no dollar cap. Exposed equity: $0. There is nothing for a judgment creditor to reach through a forced sale. Walk away from the house and chase other assets.
In Ohio (about $182,625 and it may double for a married couple). Value $400,000 minus $270,000 senior liens, leaves $130,000 of equity. Ohio’s exemption of roughly $182,625 exceeds that $130,000 outright, so the entire remaining equity is exempt. Exposed equity: $0 here too — and if both spouses hold an interest, the exemption can roughly double, making the shield larger still.
In Kentucky ($5,000). Same $400,000 value, same $270,000 in senior liens, same $130,000 of equity — but Kentucky exempts only $5,000. Exposed equity: $125,000. After paying the mortgages and handing the debtor $5,000 roughly $125,000 remains that your judgment can reach. Here the home is squarely worth pursuing, whether through a lien that pays out on sale or, if the number justifies the cost, an execution sale.
Same house, same debt, same equity — three completely different answers, driven entirely by the state’s homestead figure. That is why the table is the heart of this page. Note the caveats built into it: many exemptions double for married couples or joint owners, several are inflation-indexed and rise each year, and the unlimited states cap by acreage rather than dollars, so a sprawling rural parcel can lose protection on the acres above the cap even where value is unlimited. Confirm ownership form and the current statutory amount before you rely on any single figure.
Homestead Exemptions in All 52 U.S. Jurisdictions
Current figures and controlling statutes. Red = unlimited (walk away); green = minimal or none (pursue).
| Jurisdiction | Protection Level | Homestead Exemption | Married / Joint Owners | Controlling Statute |
|---|---|---|---|---|
| Alabama | Low | $18,800 equity (up to 160 acres); $56,400 if 62+/disabledState execution/judgment exemption is inflation-indexed (tied to the same schedule as the bankruptcy amount): $5,000 pre-2015, then $15,000 and $18,800 effective 4/1/2024. 160-acre cap… | May double – joint owners (spouses) each claim separately, so up to $37,600 combined | Ala. Code Sec. 6-10-2 (Const. of Ala. art. X, Sec. 205) |
| Alaska | Low | $54,000 equity (principal residence)Statutory execution/judgment homestead is $54,000 and is NOT per-owner doubled – the aggregate for one living unit is capped at $54,000. The $250,000 figure seen in some sources was a… | Same – aggregate cap of $54,000 per single living unit even with multiple owners (does NOT double) | Alaska Stat. Sec. 09.38.010 |
| Arizona | Strong | $437,600 (2026, inflation-indexed)Increased from 250,000 to $400,000 effective 1/1/2023 (SB 1236), then indexed annually for inflation starting 1/1/2024 (August-over-August CPI, rounded up to nearest $100). 2026 amount is 437,600… | Same – only one homestead exemption may be held by a married couple or a single person (does NOT double) | A.R.S. Sec. 33-1101 (with Secs. 33-1103, 33-1104) |
| Arkansas | Unlimited | Unlimited value (acreage-capped) OR $2,500 statutoryOne of the strongest protections in the U.S.: the constitutional homestead protects the home's FULL equity regardless of amount, so long as within the acreage limits AND the debtor is married or head of a… | Same – protection requires being married OR head of a family; a single non-head-of-household gets no constitutional homestead; does not further double for a couple | Ark. Const. art. IX, Secs. 3-6; Ark. Code Ann. Sec. 16-66-210, Sec. 16-66-218 |
| California | Strong | $300,000 to $600,000 base, county-median linked and indexedCCP 704.730 sets the exemption at the greater of $300,000 or the countywide median sale price for a single-family home in the prior calendar year, capped at $600,000, with both figures adjusted annually for inflation and — per 704.730(b) — ROUNDED TO THE NEAREST $25. Any quoted figure that is not a multiple of $25 cannot be the statutory amount. Overhauled effective 1/1/2021: replaced the old flat $75,000/$100,000/$175,000 tiers with a range tied to countywide median home price. Baseline $300,000 / cap $600,000 in… | Same – the exemption is per-homestead, not per-owner; a married couple / co-owners of one dwelling share a single exemption (does NOT double) | Cal. Code Civ. Proc. (CCP) Sec. 704.730 |
| Colorado | Strong | $250,000 equity ($350,000 if 60+/disabled)Automatic homestead (no filing required). Increased effective 4/7/2022 (SB22-086) from $75,000/105,000 to $250,000 general and $350,000 for elderly (60+) or disabled owners. A creditor can… | Same $250,000 per homestead (not doubled for the general amount); $350,000 applies if any owner/spouse/dependent is 60+ or disabled | C.R.S. Sec. 38-41-201 (through 38-41-210); Colo. Const. art. XVIII, Sec. 1 |
| Connecticut | Strong | $250,000 equity per owner (joint may reach $500,000)Increased effective 10/1/2021 from 75,000 to $250,000. The CT Supreme Court held the new $250,000 amount applies even to debts predating the Act. Protects home equity from a judgment… | May double – reported as up to $500,000 for two joint owners (statute states $250,000 per individual debtor; the $500,000 joint reading is commentary, not explicit statutory text) | Conn. Gen. Stat. Sec. 52-352b(21) (formerly 52-352b(t)) |
| Delaware | Minimal / None | None vs. judgment creditors (only tenancy by entirety for married couples)Delaware has NO general statutory homestead exemption protecting home equity from an individual judgment creditor's forced sale. The primary real-property shield for married owners is tenancy by the… | Tenancy by the entirety shields the home from a judgment against only ONE spouse; no protection against a joint debt of both spouses. Jointly filing spouses in bankruptcy may double most exemptions. | 10 Del. C. Sec. 4914 (bankruptcy/insolvency homestead); tenancy-by-the-entirety via Delaware common law |
| Florida | Unlimited | Unlimited value (acreage-capped: 1/2 acre urban / 160 acres rural)Among the strongest in the nation: a qualifying homestead is exempt from forced sale to satisfy a money judgment with NO dollar cap on protected equity – only the acreage cap applies. If the lot exceeds the… | Same – the exemption is on the property (unlimited value), not per-owner | Fla. Const. art. X, Sec. 4; Fla. Stat. Sec. 222.01-.05 |
| Georgia | Moderate | $50,000 equity (single) / $100,000 (spouses); no acreage capINCREASED effective 7/1/2026 via HB 1024 from $21,500/43,000 to $50,000/$100,000 – already in force as of today. Beginning 7/1/2031 the amounts adjust annually for inflation (CPI, set by… | $100,000 where the residence is used by a debtor whose spouse is also an owner | O.C.G.A. Sec. 44-13-100(a)(1) |
| Hawaii | Low | $30,000 (head of household or 65+) / $20,000 (all others)NOT unlimited (common misconception). Enhanced $30,000 tier for head of a family OR an individual 65 or older; $20,000 default otherwise. Only ONE exemption per parcel even if multiple eligible… | $30,000 if the owner is head of a family (one exemption per parcel; not a spouse-doubling) | Haw. Rev. Stat. Sec. 651-92 |
| Idaho | Strong | $175,000 equity cap; land of any sizeFixed $175,000 – does NOT index for inflation (statute last amended 2020, ch. 232, states a flat figure with no automatic-adjustment mechanism). Automatic in Idaho – no declaration/recording required… | Same – $175,000 cap per homestead (not doubled) | Idaho Code Sec. 55-1003 (limit) & Sec. 55-1008 (exempt from execution) |
| Illinois | Moderate | $50,000 equity (individual) / $100,000 (jointly owned)INCREASED effective 1/1/2026 (Public Act 104-120 / SB 1501) from the long-stale $15,000/30,000 to $50,000/$100,000 – already in force. Exempt from attachment, judgment, levy, and judgment… | $100,000 total where 2+ individuals own the homestead | 735 ILCS 5/12-901 (with 5/12-906) |
| Indiana | Low | $22,750Applies to any real or personal property used as principal residence. Indexed for inflation: the Indiana Dept. of Financial Institutions adjusts amounts every six years; current amount effective since March 1… | May double to $45,500 for jointly-owned home | Ind. Code Sec. 34-55-10-2(c)(1) |
| Iowa | Unlimited | Unlimited value (0.5 acre urban / 40 acres rural)One of the strongest states – NO dollar cap, only an area cap. Automatic; occupancy as homestead is what matters (declaration not required for the exemption). Key creditor carve-out: a homestead is NOT… | Same (area cap, not value) | Iowa Code Ch. 561 (esp. Secs. 561.2, 561.16); levy exceptions Sec. 561.21 |
| Kansas | Unlimited | Unlimited value (1 acre urban / 160 acres rural)Constitutionally protected, one of the strongest homesteads in the U.S. – NO dollar cap, only the 1-acre / 160-acre area cap. Automatic (occupancy-based). Exempt from forced sale under any process. Does NOT… | Same (area cap, not value) | Kan. Const. Art. 15, Sec. 9; K.S.A. 60-2301 |
| Kentucky | Minimal / None | $5,000One of the lowest homestead exemptions in the country and NOT indexed for inflation (fixed $5,000 since 1980s). Does NOT apply to debts/liabilities that existed BEFORE the property was… | May double to $10,000 (each spouse claims $5,000) | Ky. Rev. Stat. Sec. 427.060 (exceptions Sec. 427.070) |
| Louisiana | Low | $35,000 on up to 5 urban / 200 rural acres — unlimited for catastrophic-illness debtR.S. 20:1(A)(2) applies the exemption to the FULL VALUE of the homestead where the debt arose from a catastrophic or terminal illness or injury — it is not capped at $50,000. Acreage limits: up to 5 contiguous acres if the residence sits within a municipality, up to 200 acres outside one. Exempt from seizure and sale. On a creditor-forced sale, the first $35,000 of proceeds goes to the debtor. NOT indexed for inflation. Does NOT apply to: purchase price of the property, labor/materials… | Same $35,000 per homestead (not doubled); community-property home shares the single exemption | La. Rev. Stat. Sec. 20:1 |
| Maine | Moderate | $80,000 (or $160,000 if 60+/disabled or minor dependent)Applies to exemptions from attachment and execution (i.e., judgment creditors), not just bankruptcy. Enhanced $160,000 tier for age 60+, disability, or a minor dependent in the home. The amount that… | May double to $160,000 (co-owners each claim); $160,000 cap already applies in the enhanced-category cases | 14 M.R.S. Sec. 4422(1) |
| Maryland | Low | Bankruptcy only: the federal § 522(d)(1) figure as adjusted; ~$6,000 vs. a non-bankruptcy judgmentMd. Code Cts. & Jud. Proc. § 11-504(f)(1)(ii) contains NO dollar figure — it adopts “the amount under 11 U.S.C. § 522(d)(1), adjusted in accordance with 11 U.S.C. § 104”, which the Judicial Conference re-sets every three years. Any static number printed here goes stale by design; read the current federal figure. CRITICAL for a judgment creditor: this homestead is a BANKRUPTCY-only exemption; it cannot be claimed against an ordinary state judgment/execution. Against a non-bankruptcy judgment… | Not doubled (Maryland bars doubling the homestead). Tenancy-by-entirety property is fully protected from a creditor of only ONE spouse. | Md. Code, Cts. & Jud. Proc. Sec. 11-504(f) (homestead, bankruptcy); Sec. 11-504(b)(6) ($6,000 general) |
| Massachusetts | Strong | $1,000,000 declared / $125,000 automaticStrong protection against unsecured creditors including judgment creditors. $125,000 arises automatically by occupancy; recording a one-page Declaration of Homestead at the Registry of Deeds raises it… | Declared exemption is $1,000,000 and remains whole and unallocated for joint tenants or tenants by the entirety; c. 188 s. 1(4)(ii) sets the joint ceiling at $1,000,000 per recorded declaration plus $250,000 | Mass. Gen. Laws ch. 188, Secs. 1-4 |
| Michigan | Low | $3,500 statutory (execution) – but ~$46,125 indexed disputed; bankruptcy $51,150 / $76,725 (65+/disabled)The general-execution homestead in MCL 600.6023 recites $3,500 and has long been criticized as un-updated; some sources cite an inflation-indexed figure around $46,125, but the plain statute… | Not expressly doubled in the general-execution statute; joint owners each may claim under the bankruptcy provision | MCL 600.6023(1)(g) (execution); MCL 600.5451(1)(n) (bankruptcy). The bankruptcy figures are adjusted for inflation; the general-execution amount has not moved. |
| Minnesota | Strong | $510,000 ($1,275,000 agricultural)One of the higher homestead protections. Inflation-indexed: dollar amounts adjust in even-numbered years based on the Implicit Price Deflator for GDP; confirm the current figure against the state's… | Same per-homestead cap (not doubled) | Minn. Stat. Secs. 510.01, 510.02 |
| Mississippi | Moderate | $75,000 (up to 160 acres)Exempt from seizure/sale under execution or attachment. $75,000 OR 160 acres, whichever is the limiting factor. NOT indexed for inflation (fixed $75,000). Automatic – the tax-exemption filing is… | Single household exemption (not separately doubled); over-60 spouse/widow(er) keeps exemption even if not residing there | Miss. Code Ann. Sec. 85-3-21 (see also Secs. 85-3-23, 85-3-31, 85-3-35) |
| Missouri | Low | $15,000, rising to $40,000 on 1 Jan 2027RSMo 513.475.1 raises the homestead to $40,000 effective 1 January 2027 — check which figure governs your case date. Mobile homes are exempted separately, not by the homestead: RSMo 513.430.1(6) covers “any mobile home used as the principal residence but not attached to real property,” at $12,000 under the 2027 enactment. The $1,250 figure previously shown here appears in no version of either statute. Not indexed for inflation. The practical protection for many Missouri homeowners is tenancy-by-the-entirety: an entireties home cannot be reached by a judgment creditor of only ONE spouse… | Not doubled – Missouri limits the household to one $15,000 homestead. Tenancy-by-entirety fully protects a jointly-owned home from a creditor of only one spouse. | Mo. Rev. Stat. Sec. 513.475 (see also Sec. 513.430 for personal property) |
| Montana | Strong | $425,827 (2026; declaration required)High protection but with two catches for creditors. (1) INFLATION-INDEXED by fixed formula: $350,000 base (2021) increasing 4% every calendar year – $425,827 for 2026 (350000 x 1.04^5). (2) A… | Single per-homestead cap (not doubled) | Mont. Code Ann. Secs. 70-32-104, 70-32-201, 70-32-216 (declaration Secs. 70-32-101 et seq.) |
| Nebraska | Moderate | $120,000 equity; up to 160 acres rural / 2 lots urbanIncreased from 60,000 to $120,000 (recent Unicameral update). One exemption per household/head-of-household; spouses do NOT stack. Not CPI-indexed (fixed dollar amount). Claimant must actually reside on… | Same $120,000 – single household exemption, not doubled (statute grants one homestead per family/head of household) | Neb. Rev. Stat. Sec. 40-101 |
| Nevada | Strong | $605,000 equity in primary residenceRaised from 550,000 to $605,000 in 2021. One of the highest fixed caps in the U.S. Not automatic – a Declaration of Homestead should be recorded to secure protection (though it attaches on primary… | Same $605,000 – one homestead per property; spouses do not double | Nev. Rev. Stat. Sec. 115.010 (declaration under Sec. 115.020) |
| New Hampshire | Strong | $400,000 per person (as of Jan 1, 2026); $550,000 max per propertyMAJOR 2026 change (HB617): jumped from $120,000/person to $400,000/person effective 1/1/2026, with an aggregate $550,000-per-property ceiling. New requirement: residence used continuously… | May double to combined effect but TOTAL for all owners capped at $550,000 per property regardless of number of owners | N.H. Rev. Stat. Ann. Sec. 480:1 (execution procedure Sec. 529:20-a) |
| New Jersey | Minimal / None | NO state homestead exemption; tenancy-by-entirety insteadNJ provides NO homestead exemption against judgment creditors. Married couples rely on tenancy by the entirety: a judgment against one spouse alone cannot force sale of entireties property, and the non-debtor… | Tenancy by the entirety: property held by both spouses is protected from a creditor of only ONE spouse (survivorship interest exempt) | No homestead statute. Tenancy-by-entirety per common law / N.J.S.A. 46:3-17.2 et seq.; N.J.S.A. 25:2-1 (survivorship interest exempt from single-spouse creditors) |
| New Mexico | Moderate | $150,000 equity (CPI-indexed); $300,000 if spouse died within 2 yrsBase $150,000 set in 2022; statute directs CPI adjustment on July 1, 2023 and every 2 years thereafter (per Sec.; confirm the current figure against the state's published schedule (sources still… | Same $150,000 per person on the residence; increases to $300,000 for a surviving claimant whose spouse died within 2 years before claiming | N.M. Stat. Ann. Sec. 42-10-9 |
| New York | Strong | $150,000 downstate / $125,000 mid / $75,000 upstate — not indexedCOUNTY-BASED tiers under CPLR 5206(a): $150,000 in Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam; $125,000 in Dutchess, Albany, Columbia, Orange, Saratoga and Ulster; $75,000 elsewhere. These are the statutory figures and they are NOT inflation-adjusted — the CPLR 5205 triennial CPI adjustment enumerates the provisions it reaches and 5206 is not among them. Treat any higher “indexed” figure with suspicion /… | May double – married couples who both own and reside at the property can each claim, doubling the applicable county amount | N.Y. C.P.L.R. Sec. 5206 |
| North Carolina | Low | $35,000 equity ($60,000 for certain unmarried 65+)$35,000 base; rises to $60,000 for an UNMARRIED debtor age 65+ where the property was formerly held as tenants by the entirety or joint tenancy with survivorship and the former co-owner is… | May double to $70,000 – each spouse can claim $35,000 in jointly owned property used as residence | N.C. Gen. Stat. Sec. 1C-1601(a)(1) |
| North Dakota | Moderate | $150,000 equity in primary residenceIncreased to $150,000 (up from prior $100,000). Statute expressly applies to 'any individual, whether married or unmarried' – couples do NOT double; one homestead per household. Not… | Same $150,000 – statute grants ONE homestead 'whether married or unmarried'; no doubling for spouses | N.D. Cent. Code Sec. 47-18-01 (also 28-22-02(7),(10)) |
| Ohio | Strong | $182,625 equity (CPI-indexed, triennial)CPI-indexed and readjusted every 3 years; current $182,625 (was $161,375 for 4/1/2022-3/31/2025); next adjustment 4/1/2028. Married couples who both hold an interest can each claim, effectively… | May double to $365,250 – each spouse with an interest in the residence can claim the exemption on jointly owned property | Ohio Rev. Code Sec. 2329.66(A)(1)(b) |
| Oklahoma | Unlimited | UNLIMITED value; 1 acre urban / 160 acres ruralOne of ~7 unlimited-value homestead states – NO dollar ceiling on equity; only acreage limits apply (1 acre urban / 160 acres rural). If more than 25% of the home's square footage is used for business… | Same – unlimited value regardless of marital status; acreage cap governs, not a dollar amount | Okla. Stat. tit. 31, Sec. 1 & Sec. 2 |
| Oregon | Strong | $158,300 individual / $316,700 joint (CPI-indexed, as of 7/1/2026)MAJOR increase via HB 3577 (2023): base jumped to $150,000/$300,000 and is now CPI-adjusted each July 1. Current amounts $158,300 / $316,700 for 7/1/2026-6/30/2027 (were lower prior… | $316,700 combined when two or more household members are judgment debtors with interests in the homestead | Or. Rev. Stat. Sec. 18.395 (proc. 18.398-18.428) |
| Pennsylvania | Minimal / None | NO state homestead exemption; tenancy-by-entirety insteadPA provides NO homestead exemption for creditor/forced-sale protection. Married couples rely on tenancy by the entirety: a judgment against one spouse alone generally cannot attach or execute against… | Tenancy by the entirety: entireties property is protected from a creditor of only ONE spouse | No homestead statute. Tenancy-by-entirety per PA common law (see 68 Pa.C.S.; case law) |
| Puerto Rico | Unlimited | Unlimited – principal residence protected regardless of value (declaration must be recorded)The 2011 Act REPLACED the prior $15,000 cap with UNLIMITED value protection (regardless of the residence's market value). Covers one principal residence only (parcel + structure), owned and… | Same (unlimited); one property only per individual/family | Act No. 195 of 2011, 'Homestead Right and Family Home Protection Act' (Ley de Proteccion del Hogar Principal); 31 L.P.R.A. Sec. 1858 et seq. |
| Rhode Island | Strong | $500,000 equity; automatic$500,000 in land and buildings (or personal property used as a residence). AUTOMATIC by operation of law – no declaration, deed statement, or filing required. Available to owners and certain lawful… | Same $500,000 – married couples CANNOT double the exemption | R.I. Gen. Laws Sec. 9-26-4.1 |
| South Carolina | Moderate | $53,375 equity (single) / $106,750 aggregate for multiple owners; inflation-indexedEquity-value exemption, no acreage component. Automatic (no declaration required for this judgment/execution exemption). Inflation-indexed every even-numbered year, effective July 1, by the SC Revenue and… | May double to a $106,750 aggregate cap where both spouses/multiple owners hold an interest in the single dwelling (statutory aggregate maximum; base $100,000 indexed) | S.C. Code Ann. Sec. 15-41-30(A)(1) |
| South Dakota | Unlimited | Unlimited value; 1 acre town / 160 acres ruralOne of the few UNLIMITED-value homestead states – protected equity has no dollar cap; only acreage limits apply. Exempt from judicial sale, judgment lien, and all mesne/final process (SDCL 43-31-1). Largely… | Same (protects the family residence; value already unlimited, so no doubling applies) | SDCL 43-31-1 et seq. (esp. 43-31-1, 43-31-2, 43-31-4) |
| Tennessee | Low | $35,000 (single) / $52,500 (joint owners); flat since 2022Flat dollar amounts effective Jan. 1, 2022. The 2021 amendment ELIMINATED the prior age-62 and dependent/minor-child tiers – there is NO longer an enhanced amount for elderly/disabled or… | $52,500 combined where the property is jointly owned by both spouses (a fixed joint figure, not simple doubling) | Tenn. Code Ann. Sec. 26-2-301 |
| Texas | Unlimited | Unlimited value; 10 acres urban / 100 (single) or 200 (family) ruralUNLIMITED equity value – protection is defined by land AREA, not dollars. Urban = within a municipality with police protection + 3+ municipal services, capped at 10 acres (one or more contiguous lots). Rural… | Same unlimited value; family rural cap rises to 200 acres (vs 100 for a single adult). Value already unlimited, so no dollar doubling. | Tex. Prop. Code Sec. 41.001-41.002 (Tex. Const. art. XVI, Secs. 50-51) |
| Utah | Moderate | $53,700 primary residence (2026, CPI-indexed); may double to ~$107,500 jointStatutory base is $42,000 per household, doubling to $84,000 where both spouses are joint owners (Utah Code 78B-5-503(2)(a)(ii) and (b)(ii)), but the State Auditor recalculates the primary-residence amount annually for CPI inflation and posts it by Jan 1; the 2026 indexed figure is… | May double to ~$107,500 (each owner-spouse claims their own exemption on a jointly owned primary residence) | Utah Code Ann. Sec. 78B-5-503 (Utah Exemptions Act) |
| Vermont | Strong | $125,000 equity in principal residenceExempt from attachment and execution. Covers dwelling, outbuildings, and land used in connection – no fixed acreage limit; the $125,000 value is the sole constraint. Married couples may NOT double… | Same – cannot double; $125,000 is a per-homestead value cap, not per-owner. A joint debt is still required to reach a jointly owned home. | 27 V.S.A. Sec. 101 (Estates of Homestead) |
| Virginia | Moderate | $50,000 principal residence + $5,000 general ($10,000 if 65+); must record homestead deedVirginia requires an affirmative act: to secure the real-estate homestead the householder must RECORD a homestead deed (Sec. 34-6) – NOT automatic. The dedicated $50,000 residence exemption (added by… | May double – each spouse is a separate 'householder' and may each claim (each can file a homestead deed) | Va. Code Ann. Sec. 34-4 (Homestead Exemption of Householder) |
| Washington | Strong | Greater of $125,000 or the county median single-family home price (prior year)The 2021 amendment (SB 5408) replaced the old flat $125,000 with a 'greater of' formula: (a) $125,000 base floor; (b) the county median sale price of a single-family home in the… | Same formula (household exemption tied to the property/county; not per-spouse doubled) | RCW 6.13.030 (amended by SB 5408, Ch. 290, Laws of 2021, eff. May 12, 2021) |
| Washington DC | Unlimited | Unlimited – 100% of home equity in the primary residence protected regardless of valueUNLIMITED / no monetary cap – protects the debtor's entire aggregate interest in real property (or co-op interest) used as the residence of the debtor or a dependent. Unlike the other Sec. 15-501… | Same (already unlimited); property held as tenancy by the entirety gets additional protection where only one spouse owes the debt | D.C. Code Sec. 15-501(a)(14) |
| West Virginia | Minimal / None | $5,000 vs a judgment creditor (execution sale); the $35,000 figure is bankruptcy-onlyCRITICAL for the judgment-creditor context: the true state homestead exemption against a judgment creditor's execution sale is only $5,000 under Sec. 38-9-1 (head of household residing in WV… | Same – Sec. 38-9-1 is a $5,000 per-homestead amount; no clear doubling for joint owners | W. Va. Code Sec. 38-9-1 (execution/judgment-creditor homestead); cf. Sec. 38-10-4 (bankruptcy-only) |
| Wisconsin | Moderate | $75,000 equity (per spouse; couples may double to $150,000)Automatic; no declaration required to claim. Flat statutory figure – NOT inflation-indexed (fixed at $75,000). Exemption extends to sale proceeds for up to 2 years while intending to buy another… | May double – each spouse may claim up to $75,000 ($150,000 total on a jointly owned marital homestead) | Wis. Stat. Sec. 815.20 (see also 815.21, 815.18) |
| Wyoming | Strong | $100,000 equity per owner (couples/joint owners may double to $200,000)Increased fivefold from 20,000 to $100,000 by House Bill 0174, effective July 1, 2023 (some stale sources still cite the outdated $20,000). Not inflation-indexed (flat statutory amount). Under… | May double – each joint owner/occupant is entitled to their own $100,000 (up to $200,000 for a couple) | Wyo. Stat. Sec. 1-20-101 and 1-20-102 (raised by 2023 HB0174) |
Each jurisdiction above links to its full asset-exemption breakdown for creditors. This is general legal information, not legal advice — consult a licensed attorney in the debtor’s state before recording a lien or filing for a sale.
Why some of these figures are not in the statute at all
There is a trap in every homestead table on the internet, this one included, and it is worth naming rather than papering over. For a substantial minority of states the statute contains no dollar figure. It sets a base and delegates the current number to an agency that republishes it on a schedule: the Ohio Judicial Conference, South Carolina’s Revenue and Fiscal Affairs Office, the Oregon State Court Administrator, the Montana Department of Revenue, an Alaska Department of Labor regulation, the Utah State Auditor, the Indiana Department of Financial Institutions — and, for Maryland, the federal Judicial Conference under 11 U.S.C. § 104.
In those states a printed amount is a snapshot with a shelf life, typically twelve to thirty-six months, and it goes stale by design rather than by neglect. Chasing a fresher number does not fix the row; the number will be wrong again on the next adjustment date. So where we know the figure is delegated we have said so and named the mechanism, because the durable answer is the rule and its source, not the output.
Two related cautions from checking these against the statutes. First, an indexing claim is itself a factual claim and is often wrong: New York’s homestead is frequently quoted as inflation-adjusted, but the triennial CPI adjustment in CPLR 5205 enumerates the provisions it reaches and § 5206 is not among them. Second, several statutes cap by acreage as well as by value, and a dollar figure quoted alone can badly mislead — Texas and Florida are the obvious cases, but Louisiana and Minnesota carry acreage limits in the same sentence as the money.
Creditor Decision Tiers: Where the Home Is Worth It
Translate the table into a go / no-go call.
Unlimited exemption — effectively walk away
Nine jurisdictions protect a qualifying primary residence with no dollar ceiling: Florida, Texas, Iowa, Kansas, Oklahoma, South Dakota, and Arkansas, plus the District of Columbia and Puerto Rico. In these places, a homesteaded home is functionally untouchable through a forced sale by an ordinary money-judgment creditor, no matter how large the equity. Do not spend money trying to reach it — redirect enforcement to bank accounts, wages, business interests, and other non-exempt property. Two caveats keep this from being absolute. First, the protection is capped by acreage, not value: a large rural parcel above the state’s acre limit can expose the surplus land, and Florida limits protection to a half-acre in a municipality. Second, unlimited exemptions never defeat a consensual lien the debtor granted (a purchase-money mortgage or HELOC) or, in most states, tax and certain other statutory liens. The Florida framework — a constitutional homestead with only an acreage limit — is spelled out in Florida Statutes Chapter 222, which implements the state constitution’s forced-sale exemption.
Strong but limited — run the number, it usually loses
A large group of states protects a big but finite slice: Massachusetts ($1,000,000 declared), Minnesota ($510,000), Nevada ($605,000), Rhode Island ($500,000), New Hampshire ($400,000 per person), Arizona (~$437,600), Montana (~$425,827), the county-linked and indexed California figure, and the county-tiered New York amounts (which are set in the statute and, contrary to common belief, are not indexed). Here the home is reachable in principle, but only when the equity above senior liens exceeds that large exemption — which, for a typically mortgaged home, it usually does not. These are the states where the equity math earns its keep: pursue only after you have confirmed real exposed equity, and remember several of these amounts double for two owners, pushing the shield higher.
Low, minimal, or none — pursue the equity
At the other end sit the states where a debtor’s home is genuinely exposed. Pennsylvania and New Jersey have NO general homestead exemption at all — a single debtor’s home there is fully reachable, and married owners rely instead on tenancy by the entirety, which only helps against a debt of one spouse alone. Kentucky ($5,000) and West Virginia ($5,000 against a judgment creditor) leave almost the entire equity exposed. Missouri ($15,000), Alabama ($18,800), Indiana ($22,750), and Maryland (roughly $6,000 against an ordinary judgment) are close behind. In these jurisdictions, a debtor sitting on meaningful equity is the classic pursue-the-house scenario: record the lien, and if the exposed number is large enough to clear the costs, an execution sale can be worth filing. Watch the ownership form — entireties property in PA, NJ, MD, MO, and DE can still block a single-spouse creditor even where the dollar exemption is tiny.
Debts That Pierce the Homestead
Even an unlimited exemption does not stop these claims.
The homestead exemption blocks the ordinary unsecured money-judgment creditor — but several categories of debt cut straight through it, even in Florida or Texas. If your claim falls into one of these buckets, the state’s headline exemption number may not apply to you at all, and a home you thought was protected becomes reachable.
Consensual liens. Any lien the debtor voluntarily granted against the home survives the homestead: the purchase-money mortgage that bought the house, a refinance, and a HELOC or second mortgage. The debtor agreed to put the house up as collateral, so the exemption cannot be used to defeat the very loan secured by it. This is why the mortgage always gets paid first in any sale.
Property-tax and government liens. Unpaid real-estate taxes and most special assessments attach to the property and outrank the homestead in essentially every state. A tax lien can force a sale of an otherwise unlimited-exemption home.
Mechanic’s and contractor liens. Work performed or materials furnished to improve the property — the roof, the remodel, the foundation repair — can create a mechanic’s lien that pierces the homestead, on the theory that the debt is for value added to the very home being protected.
Certain HOA and specialized claims. In some states, homeowners-association assessments, and in family-law contexts child-support or alimony arrears, can reach homestead equity where an ordinary creditor cannot. The rules vary sharply by state, so confirm the specific carve-outs in the debtor’s jurisdiction. The practical takeaway for a creditor: identify what kind of claim you hold before you write off a home in an unlimited-exemption state — a secured, tax, or improvement-based claim may reach equity that a plain money judgment never could.
Passive Judgment Lien vs. Forced Execution Sale
Two ways to act on exposed equity, with very different economics.
| Factor | Passive Judgment Lien | Forced Execution Sale |
|---|---|---|
| How it works | You docket/record the judgment; it attaches to the debtor’s real property and clouds title until paid. | You ask the court and sheriff to seize and sell the home now to satisfy the judgment. |
| Cost | Low – typically just recording fees; no litigation to force a sale. | High – court motions, sheriff’s costs, appraisal, publication, and often a title/legal fight over the exemption. |
| Time | Passive and open-ended; paid whenever the debtor sells or refinances, which can be years. | Months, and contested proceedings can stretch far longer. |
| Typical recovery | Full lien amount up to available non-exempt equity, paid on the debtor’s timetable. | Only the exposed equity after senior liens and the homestead are satisfied – sometimes nothing. |
| When it makes sense | Almost always worth doing where the debtor owns real property; it costs little and waits. | Only when exposed equity is large enough to clear all the costs and still pay you meaningfully. |
For most creditors the lien is the default move and the forced sale is the exception. A recorded lien is cheap insurance that quietly collects when the property turns over; a forced sale only pencils out when the exposed-equity number is large. The rule that a judgment lien reaches only value in excess of the homestead exemption is stated plainly in state law — see, for example, Washington RCW 6.13.090, under which a judgment against a homestead owner becomes a lien only on the value exceeding the homestead amount.
When Pursuing the Home Is a Dead End
Recognize these before you spend on enforcement.
Equity Fully Exempt
The homestead exemption meets or exceeds all remaining equity after senior liens. Nothing is left for a judgment creditor to reach.
Upside-Down Mortgage
The debtor owes more than the home is worth. There is no equity at all, exempt or otherwise, so a sale returns zero.
Unlimited-Exemption State
The home sits in Florida, Texas, Iowa, Kansas, Oklahoma, South Dakota, Arkansas, DC, or Puerto Rico. A qualifying homestead is off-limits to a money judgment.
Wrong or Non-Debtor Owner
Title is in a spouse, an LLC, a trust, or a relative – not the judgment debtor. Your lien has nothing to attach to.
Senior Liens Exceed Value
The first mortgage, seconds, and tax liens together already meet or exceed the home’s value. The homestead never even comes into play.
Entireties + Single-Spouse Debt
A married couple holds the home as tenants by the entirety and only one spouse owes the judgment. In entireties states, that alone can block a forced sale.
How a Creditor Evaluates and Enforces
Four steps from ownership to execution.
Confirm True Ownership
Verify the debtor actually holds title to the specific property – not a spouse, LLC, or trust – and identify the exact parcel, before anything else.
Pull Value and Liens
Establish fair market value and every mortgage, HELOC, tax lien, and prior judgment. Subtract them plus the state homestead to get exposed equity.
Record the Judgment Lien
Docket the judgment in the debtor’s county so it attaches to the real property and gets paid on any future sale or refinance.
Pursue a Sale Only If Justified
File for an execution sale only where exposed equity clearly exceeds the cost and effort of forcing it. Otherwise let the lien sit and collect.
Steps one and two are where a case is usually won or lost, and where a creditor over-invests in enforcement that a home cannot pay. That is the research half of this — confirming ownership, value, and the full lien stack is a lawful asset and public-records job, and for a matter with a permissible purpose a property-and-lien search typically comes back within 24 hours. We do that research so you learn whether exposed equity exists before you spend on filing; you and your attorney handle the legal enforcement itself. Our asset search for judgment collection and broader asset search work map the debtor’s real property, ownership form, and encumbrances, and pair naturally with a bank account search and our guide to locating a debtor’s bank account when the home turns out to be exempt and you need a different target. Where you are enforcing across state lines, our judgment collection by state overview covers the domestication steps.
Who Uses This Analysis
Anyone deciding whether a debtor’s home is worth the fight.
Creditor Attorneys
Judgment enforcement counsel
Collection Agencies
Placing accounts for recovery
Judgment Buyers
Pricing a portfolio’s real assets
Landlords
Enforcing rent and damage judgments
Small-Business Creditors
Chasing unpaid invoices
Banks & Lenders
Recovering on deficiency judgments
Our Commitment
We give judgment creditors the asset and public-records picture — true ownership, home value, and the full lien stack — that tells you whether a debtor’s home holds exposed equity worth pursuing, before you spend a dollar on enforcement. Lawful research under permissible-purpose rules, since 2004. We do the research; you and your attorney handle the legal enforcement.
Frequently Asked Questions
Can a judgment creditor force the sale of a debtor’s home?
In most states, yes — an execution sale is legally available — but it is expensive, slow, and only worthwhile when the home holds real exposed equity. The sale must first pay every senior lien and hand the debtor the state homestead exemption in cash; only what remains can reach the creditor. In unlimited-exemption states like Florida and Texas, a qualifying homestead cannot be forced-sold by an ordinary money-judgment creditor at all. This is general information, not legal advice; consult a licensed attorney.
How do I calculate whether there’s home equity worth pursuing?
Use one formula: exposed equity = home value minus (mortgages + senior liens) minus the state homestead exemption. A judgment lien or forced sale can only reach equity above that line. If the result is zero or negative, there is nothing to take and a court will usually not order a sale. Confirm the debtor’s ownership form and the current statutory exemption before relying on the number.
Which states make a debtor’s home effectively untouchable?
Nine jurisdictions give an unlimited-value homestead: Florida, Texas, Iowa, Kansas, Oklahoma, South Dakota, and Arkansas, plus the District of Columbia and Puerto Rico. A qualifying primary residence there is off-limits to a forced sale by an ordinary money-judgment creditor regardless of equity, subject to acreage caps and to consensual, tax, and improvement liens that pierce the exemption.
In which states is a debtor’s home most worth pursuing?
The most exposed are Pennsylvania and New Jersey, which have no general homestead exemption at all, and Kentucky and West Virginia, which protect only $5,000 against a judgment creditor. Missouri ($15,000), Alabama ($18,800), Indiana ($22,750), and Maryland (roughly $6,000 against an ordinary judgment) are close behind. A debtor with meaningful equity in these states is the classic pursue-the-house case — but watch for tenancy-by-entirety ownership, which can still block a single-spouse creditor.
Does a judgment lien attach even when the equity is fully exempt?
In most states, yes. The homestead exemption limits what a creditor can collect, not whether the lien attaches. So docketing your judgment usually still creates a lien that clouds title and generally must be paid, up to any available non-exempt equity, when the debtor later sells or refinances. It simply cannot force a sale of exempt equity in the meantime. Rules vary by state, so verify the local statute.
What debts bypass the homestead exemption entirely?
Consensual liens the debtor granted — the purchase-money mortgage, a refinance, and a HELOC or second — survive the homestead, as do property-tax and most government liens and mechanic’s or contractor liens for work on the home. In some states HOA assessments and family-law support arrears can also reach homestead equity. Even an unlimited exemption does not stop these claims, so identify what kind of claim you hold before writing off a home.
Do married couples get a bigger homestead exemption?
Often, but not always. Many states let joint owners or spouses each claim the exemption, effectively doubling it — Ohio, New York, Wyoming, Wisconsin, and North Carolina among them. Others cap one exemption per property regardless of owners, such as California, Nevada, and Rhode Island. Separately, entireties states let a married couple shield the home from a debt owed by only one spouse. Always confirm both the doubling rule and the ownership form for the debtor’s state.
How does a creditor find a debtor’s true home equity and liens?
Through lawful asset and public-records research. As a skip-tracing and public-records research firm operating under permissible-purpose rules, we confirm whether the debtor actually holds title to a given property, establish its value, and pull the full recorded lien stack — mortgages, HELOCs, tax liens, and prior judgments — so you can compute exposed equity before spending on enforcement. We are not a consumer reporting agency, not attorneys, and not private investigators, and this is general information, not legal advice; consult a licensed attorney for enforcement decisions.
Know the Equity Before You Spend
We give judgment creditors the ownership, value, and lien picture that shows whether a debtor’s home holds exposed equity worth pursuing — lawful asset and public-records research, before you file. Contact us to get started.
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