Virginia law allows for the filing of a homestead deed within your local county Land Records office. In Fairfax County and the City of Fairfax, homestead deeds are recorded in the Land Records Division of the Fairfax Circuit Court.
If you're considering filing for bankruptcy in Virginia and want to keep your home, Virginia's homestead exemption will help. In bankruptcy, you can retain property you can "exempt" with a bankruptcy exemption. The homestead exemption protects home equity from creditors in bankruptcy.
Certain qualified individuals are eligible for real estate tax relief or tax exemptions, including the elderly and disabled, emergency services providers, surviving spouses, and veterans.
Homestead tax exemptions usually offer a fixed discount on taxes, such as exempting the first $50,000 of the assessed value with the remainder taxed at the normal rate. With a $50,000 homestead exemption, a home valued at $150,000 would be taxed on only $100,000 of assessed value.
Applications are available at the county real estate assessments office or local office of the commissioner of revenue. Supporting documentation for income, assets, and liabilities may be required. A copy of federal income tax return and supporting schedules must be included.
Under the Virginia exemption system, homeowners can exempt up to $25,000 of equity in a home or other property covered by the homestead exemption. The exemption applies to real property, which includes your home or condominium and personal property used as a residence, so your mobile home would also be covered.
The Homestead Deed must be in proper legal form and should be prepared by a Virginia licensed attorney. Once the Homestead Deed is filed with the Circuit Court for the city or county where the debtor lives, and other needed steps are taken, the property generally is protected from creditors.
As of 2024, the federal homestead exemption is $27,900 for an individual and $55,800 for married couples filing jointly. In contrast, New York's exemption amounts are: $179,950 for the counties of Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam.
California. Homeowners' Exemption. Qualifying homeowners can get up to a $7,000 reduction based on the assessed value of their home and primary residence.