SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2018 SESSION
18104765DBe it enacted by the General Assembly of Virginia:
1. That §§ 34-4, 34-6, 34-14, 34-17, and 34-21 of the Code of Virginia are amended and reenacted as follows:
§ 34-4. Exemption created.
Every householder shall be entitled, in addition to the property or estate exempt under §§ 23.1-707, 34-26, 34-27, 34-29, and 64.2-311, to hold exempt from creditor process arising out of a debt, real and personal property, or either, to be selected by the householder, including money and debts due the householder not exceeding $5,000 in value or, if the householder is 65 years of age or older, not exceeding $10,000 in value, and, in addition, real or personal property used as the principal residence of the householder or the householder's dependents not exceeding $25,000 in value. In addition, upon a showing that a householder supports dependents, the householder shall be entitled to hold exempt from creditor process real and personal property, or either, selected by the householder, including money or monetary obligations or liabilities due the householder, not exceeding $500 in value for each dependent.
For the purposes of this section, "dependent" means an individual who derives support primarily from the householder and who does not have assets sufficient to support himself, but in no case shall an individual be the dependent of more than one householder.
§ 34-6. How exemption of real estate secured; form to claim exemption of real property.
In order to secure the benefit of the exemptions of real
estate under §§ 34-4 and 34-4.1, the householder, by a writing signed by him
and duly admitted to record, to be recorded as deeds are recorded, in the
county or city wherein such real estate or any part thereof is located and
or if such property is located outside of the Commonwealth,
in the county or city where the householder resides, shall declare his
intention to claim such benefit and select and set apart the real estate to be
held by the householder as exempt, and describe the same with reasonable
certainty, affixing to the description his cash valuation of the estate so selected
and set apart. Equitable as well as legal estates may be so selected and set
apart. However, if such
real estate is claimed exempt in a petition filed under Title 11 of the United
States Code, the official
Schedule of Property Claimed as Exempt filed in the United States Bankruptcy
Court claiming such exemptions shall be sufficient to set apart such property
as exempt. The following form,
or one which is substantially similar, shall be used and shall be sufficient
for the writing required by this section:
HOMESTEAD DEED FOR REAL PROPERTY
Name of Householder ______________________________________________________
Name of title holder of record (if different) _____________________________________
Is the householder a disabled veteran entitled to claim the additional exemption under § 34-4.1?
____________________
Address of Householder _____________________________________________
Name(s) and age(s) of dependent(s) _________________________________
County/city/state in which real property claimed as exempt is located
_________________________________________________________________________
Description of property claimed as exempt __________________________
_________________________________________________________________________
Value of property described above ___________________________________
Number of homestead deeds that have been filed by the Householder
_________________________________________________________________________
Exemption amount previously claimed on prior homestead deeds
_________________________________________________________________________
List the jurisdictions where previous homestead deeds were filed
_________________________________________________________________________
________________________________________ (Signature of Householder)
________________________________________ [ACKNOWLEDGMENT]
Such writing or deed shall not be required to secure any exemption under this Code except those exemptions created by §§ 34-4 and 34-4.1.
§ 34-14. How set apart in personal estate; form to claim exemption of personal property.
Such personal estate selected by the householder and under §§ § 34-4, 34-4.1, or § 34-13 shall be set apart in
a writing signed by him. He shall, in the writing, designate and describe with
reasonable certainty the personal estate so selected and set apart and each
parcel or article, affixing to each his cash valuation thereof. Such writing
shall be admitted to record, to be recorded as deeds are recorded in the county
or city wherein such householder resides.
However, if such personal estate is claimed exempt in a petition filed under
Title 11 of the United States Code, the official Schedule of Property Claimed
as Exempt filed in the United States Bankruptcy Court claiming such exemption
shall be sufficient to set apart such property as exempt.
The following form, or one which is substantially similar, shall be used and shall be sufficient, when duly admitted to record in the county or city in which the householder resides, to exempt such described personal property from creditor process:
Name of Householder ________________________________________________
Is the householder a disabled veteran entitled to claim the additional exemption under § 34-4.1?
____________________
Address of Householder ______________________________________________
Name(s) and age(s) of dependent(s) _________________________________
County/city in which householder resides ____________________________
Description of property claimed as exempt and its value ___________
________________________________________________________________________
Number of homestead deeds that have been filed by the Householder
________________________________________________________________________
Exemption amount previously claimed on prior homestead deeds
________________________________________________________________________
List the jurisdictions where previous homestead deeds were filed
________________________________________________________________________
________________________________________ (Signature of Householder)
________________________________________ [ACKNOWLEDGMENT]
Such writing or deed shall not be required to secure any exemption under this Code except those exemptions created by §§ 34-4, 34-4.1 and 34-13.
§ 34-17. When exemption may be set apart; garnished wages.
A. The real or personal estate
which that
a householder is entitled to hold as exempt may be set apart at any time before
it is subjected by sale under creditor process
or by a trustee in bankruptcy, or, if such creditor process
does not require sale of the property, before it is turned over to the creditor or disbursed by the bankruptcy trustee. To claim an
exemption in bankruptcy, a householder who (i) files a voluntary petition in
bankruptcy or (ii) against whom an involuntary petition in bankruptcy is filed
shall set such real or personal property apart on or before the fifth day after
the date of the meeting held pursuant to 11 U.S.C. § 341, but not thereafter. A
householder who converts a case from Chapters 11, 12, or 13 to Chapter 7 shall
set such real or personal property apart on or before the fifth day after the
date of the meeting held pursuant to 11 U.S.C. § 341 in the Chapter 7 case, but
not thereafter. Nothing in this section shall affect the right of the trustee
in bankruptcy, with the approval of the court, to proceed immediately with the
sale or other disposition of personal property which the trustee determines to
be perishable or particularly susceptible to price deterioration.
B. A claim of homestead exemption to protect garnished wages may be filed by the debtor after the garnishment summons is served on the employer but prior to or upon the return date of the garnishment summons and shall be considered by the garnishing court.
§ 34-21. When householder's right to exemption is exhausted.
When the maximum an amount of property, whether
real or personal, or both, has been once
set apart to be held by a householder as exempt under § 34-4 or §,
34-4.1, he shall not afterwards
be entitled to the exemption of any estate
other than that so set apart or as otherwise provided by law or 34-13, such amount shall, for a period of seven
years from such setting apart, be applied against
the maximum amount to which he is entitled to set apart as exempt under § 34-4,
34-4.1, or 34-13.