Homestead Exemption With Multiple Owners In Virginia
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FAQ
Virginia homestead laws allow residents to designate up to $5,000 worth of real estate (including mobile homes) as a homestead, plus $500 for each dependent. If a resident is sixty-five years of age or older, or a married couples files for an exemption together, up to $10,000 may be exempted under the homestead laws.
No. A married couple can claim only one homestead.
It's perfectly legal to be married filing jointly with separate residences, as long as your marital status conforms to the IRS definition of ``married.'' Many married couples live in separate homes because of life's circumstances or their personal choices.
Florida law recognizes that in some situations, married couples who are joint debtors can have separate homesteads. But two separate homesteads are a rare exception, and the multiple homestead exemption must be proven by applicable facts.
The U.S. tax code provides tax advantages for married couples who file jointly and own a home. While duplicating these tax benefits with another residence would help your bottom line when you file taxes, it's not possible to claim two primary residences because of tax regulations from the IRS.
An exemption or deferral enacted pursuant to § 58.1-3210 or 58.1-3211.1 may be granted for any year following the date that the qualifying individual occupying such dwelling and owning title or partial title thereto reaches the age of 65 years or for any year following the date the disability occurred.
The property must be your primary residence. Vacation homes, investment properties, and second homes do not qualify. You must own the property and have an equity interest in it. This includes houses, condominiums, co-ops, and mobile homes.
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.
