Virginia Homestead Deed With Mortgage
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FAQ
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.
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.
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.
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.