Homestead Deed In Virginia
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FAQ
Every deed and corrected or amended deed may be made in the following form, or to the same effect: "This deed, made the ______ day of ______, in the year ____, between (here insert names of parties as grantors or grantees), witnesseth: that in consideration of (here state the consideration, nominal or actual), the said ...
All deeds must be prepared by the owner of the property or by an attorney licensed to practice in Virginia.
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.
General Information. A Homestead Deed prevents creditors from attaching/levying one's personal property and equity in real estate. Normally, such an instrument is filed when an individual is going into bankruptcy or is anticipating a judgment against him/her.
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.