This is a form of a deed filed to claim exemption on an individual's homestead. Included in the form will be the dollar amount claimed as exempt.
This is a form of a deed filed to claim exemption on an individual's homestead. Included in the form will be the dollar amount claimed as exempt.
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Both owners must sign the application form and, if both owners otherwise qualify, the homestead exemption will be granted for the entire home. This process is as simple as any other married couple or single individual applying for the exemption.
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.
Married Couples Failing to Apply for Exemptions Together Both spouses should sign the application for exemption. If one spouse dies and the surviving spouse did not sign the original homestead application then the homestead exemption may be lost unless further application is made by the surviving spouse.
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. Note that you must file a homestead declaration before filing for bankruptcy, in order to take advantage of Virginia's homestead exemption.
If the owners are married, can they claim two homestead exemptions? No. A married couple can claim only one homestead.