{"id":376012,"date":"2016-03-31T21:36:30","date_gmt":"2016-04-01T02:36:30","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-homestead-laws.html"},"modified":"2026-09-21T08:49:55","modified_gmt":"2026-09-21T13:49:55","slug":"pennsylvania-homestead-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-homestead-laws.html","title":{"rendered":"Pennsylvania Homestead Laws"},"content":{"rendered":"\n
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Pennsylvania Homestead Laws<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Homestead exemption<\/span> protects equity in a primary residence<\/span> from being sold by a trustee during Chapter 7 bankruptcy. Pennsylvania<\/span> state law doesn\u2019t offer a state homestead protection, which means filers must claim the federal exemption to safeguard up to $31,575 in individual equity or $63,150 for joint filers. To qualify, homeowners<\/span> must occupy eligible residential property in the state and meet specific residency requirements.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n

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The thought of filing Chapter 7 bankruptcy can strike fear in the hearts of homeowners<\/span>, who may believe that the bankruptcy trustee will automatically sell your house to pay your creditors. However, that\u2019s not usually the case. Protections are in place to help filers keep their primary dwelling.<\/p>\n

Most states offer a homestead exemption<\/span><\/a> that protects a certain amount of equity in your primary residence<\/span>. The amount of the exemption varies. However, Pennsylvania<\/span><\/a> is one of only two states that don\u2019t offer protection for your homestead property<\/span>. Filers can still claim a\u00a0homestead exemption<\/span>\u00a0under federal law<\/a>.<\/p>\n

This article explains your options for protecting your home in Pennsylvania<\/span>, how much the federal homestead exemption<\/span> is, and how you can apply it to your bankruptcy case. Bankruptcy law can be extremely complicated. If you\u2019re considering filing for bankruptcy in Pennsylvania<\/span>, it\u2019s a good idea to retain an experienced bankruptcy attorney<\/a>.<\/p>\n

Pennsylvania Does Not Offer a State Homestead Exemption<\/span> for Bankruptcy Filers<\/h2>\n

A homestead exemption<\/span> can help homeowners<\/span> protect their real estate<\/span> during a bankruptcy filing. Pennsylvania<\/span> homeowners<\/span> can take advantage of the federal homestead exemptions<\/span>. While this can improve your chances of keeping your home, it doesn’t guarantee it. If your home equity exceeds the federal exemption amount, the trustee may force a sale of your house to pay other creditors<\/a>.<\/p>\n

If you’re unsure how much equity you have in your house, getting a\u00a0property assessment<\/span> should provide an answer. It\u2019s usually a required part of your bankruptcy petition<\/a> anyway, so plan on having it done.<\/p>\n

How the Homestead Exemption<\/span> for Property Owners<\/span> Works<\/h2>\n

When it comes to claiming the federal homestead exemption<\/span>, your home’s value isn\u2019t that important. The key to determining whether you can keep your permanent home<\/span> is your equity. The homestead exemption<\/span> protects only your home equity, not the house. If your home equity is less than the homestead exemption<\/span>, the bankruptcy trustee<\/a> has no reason to sell your home to pay your creditors.<\/p>\n

When your equity exceeds the homestead exemption<\/span> amount, the trustee may force a sale of your property and distribute the proceeds to your creditors. This is more likely in a Chapter 7 bankruptcy<\/a>, which is a liquidation. Under Chapter 13, which is a repayment plan, your house isn\u2019t likely to be sold unless you default on your payments. If you\u2019re uncertain which type of bankruptcy you should be filing, consider speaking with a Pennsylvania<\/span> bankruptcy lawyer<\/a> before you file.<\/p>\n

What Is the Amount of the Federal Homestead Exemption<\/span>?<\/h2>\n

For the years 2025 through 2028, the federal homestead exemption<\/span><\/a> is $31,575 per person. If you and your spouse file a joint bankruptcy petition, you can double the exemption to $63,150. The amount is the same regardless of which municipality<\/span> your primary residence<\/span><\/a> is located in. For instance, people in Philadelphia<\/span> enjoy the same protection as someone with a farmstead exclusion<\/span> in a rural area. The exemption amount is also the same whether you are 18 years old or a senior citizen<\/span>.<\/p>\n

Requirements and Limitations on the Federal Homestead Exemption<\/span><\/h2>\n

To claim the federal homestead exemption<\/span><\/a>, you must meet the eligibility requirements. There are no restrictions based on your property’s acreage. The exemption amount is the same for rural and urban properties. As long as you meet the eligibility criteria<\/a>, you can apply the exemption as part of your bankruptcy case.<\/p>\n

The requirements for the federal homestead exemption<\/span> include:<\/p>\n