Exempt Virginia Homestead Withdrawal

State:
Virginia
Control #:
VA-LS-006
Format:
Word; 
Rich Text
Instant download

Description

The Exempt Virginia Homestead Withdrawal form is a legal document that allows individuals to claim a homestead exemption for their property and personal estate under Virginia law. This form is essential for those who have not previously declared their intent to claim such an exemption. Key features of the form include identifying the householder(s), providing the address of the property, and detailing the specific exemptions claimed, including garnished wages. It is crucial for users to accurately fill in the property's address and provide an evaluation of the personal estate. Legal professionals, including attorneys, partners, owners, associates, paralegals, and legal assistants, can utilize this form to assist clients in protecting their assets from creditors. When completing the form, users should ensure all information is current and correct, as inaccuracies may jeopardize the exemption claim. Additionally, the form must be notarized to ensure its legal validity. Overall, this document serves as a vital resource in safeguarding a person's financial interests in Virginia.
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FAQ

If you claim an exemption, you should (i) fill out the claim for exemption form and (ii) deliver or mail the form to the clerk's office of this court. You have a right to a hearing within seven business days from the date you file your claim with the court.

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.

Government benefits can't be garnished. This includes Social Security, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), Black Lung benefits, unemployment compensation, workers' compensation, and Veterans' benefits.

The Circuit Court Clerk's Land Records Office (Room 300) processes filing of Homestead Deeds/Exemptions.

Owner/Applicant must be at least 65 or permanently disabled as of December 31 of the previous year. Sworn affidavits from two medical doctors licensed in Virginia or two military officers who practice medicine in the United States Armed Forces - use the Tax Relief Affidavit of Disability (PDF) for their completion.

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Exempt Virginia Homestead Withdrawal