Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Homestead Act Information With One Another In North Carolina
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FAQ
The Homestead Act, enacted during the Civil War in 1862, provided that any adult citizen, or intended citizen, who had never borne arms against the U.S. government could claim 160 acres of surveyed government land.
The new law established a three-fold homestead acquisition process: file an application, improve the land, and file for deed of title. Any U.S. citizen, or intended citizen, who had never borne arms against the U.S. Government could file an application and lay claim to 160 acres of surveyed Government land.
A homestead does not protect you against: Foreclosure of your home by mortgage lender if you are behind on payments; The enforcement of a mechanic's lien; A judgment for child or spousal support.
Nonhomestead property includes commercial and industrial property, rental housing, second homes, and open land.
Generally, homestead laws exempt a portion of the equity in your principal residence from attachment by creditors to whom you owe unsecured debts (e.g., medical bills, credit card balances, and personal Page 3 loans), even if the creditor has obtained a court judgment against you.
Final answer: An automatic homestead exemption protects all types of homes, including mobile homes and condominiums, whereas a declared homestead only protects real property.
While the specifics can vary by state, generally, homestead exemptions are only available for an individual or family's primary residence. This means you cannot claim homestead exemptions in multiple states.
North Carolina differs from most state homestead laws by not specifying an acreage limit, but only allowing up to $1,000 worth of property to be declared a homestead.
To apply, complete and submit FORM AV9 and required income statements with the tax office by June 1. For disabled applicants, you must also complete FORM AV9-A signed by a physician licensed to practice medicine in North Carolina.
The Short Answer: Yes, You Can! Yes, it is possible to have residency in two states – but there are a few asterisks attached to that “yes.” Residency rules vary from state to state, and what's allowed in one place might not fly in another.
