Utah Homestead Laws
Key Takeaways
Utah’s homestead exemption laws protect homeowners from forced sales and collection actions in bankruptcy and foreclosure. Thanks to the state’s homestead protection laws, homeowners can set aside a specific amount of equity in their home and keep it even if their other assets are seized by creditors. Utah’s homestead exemption is not completely automatic. Although the protection exists without owners needing to file a homestead declaration, homeowners must declare an exemption amount when they file for bankruptcy protection.
A Utah homestead exemption protects the home equity in the owner’s personal residence. Under Utah Code, the exemption amount is updated annually. Homeowners facing bankruptcy should consult a bankruptcy attorney to ensure they have this year’s figure or check at the County Assessor’s Office.
As of 2026, the homestead exemption amount is $53,700 for single filers and $107,400 for married couples filing jointly. The exemption only applies to the “primary residence,” which can include:
- A residential dwelling
- A mobile home, plus not more than one acre of land
- One or more parcels of real estate with “appurtenances and improvements”
Homestead exemptions include water rights to the property, if any. Equity is determined by the fair market value of the property, not the immediate sale value.
Property owners without a “homestead” can still claim a $6,400 real property exemption. If you’re unsure, an attorney can explain the distinction between a real property exemption and a homestead exemption.
To qualify for Utah homestead exemptions, you must have lived in Utah for at least 730 days (two years). If you have recently moved to Utah, you must use federal exemptions or exemptions of the state where you previously resided for 180 days, rather than Utah’s homestead exemptions.
Exceptions to the Homestead Exemption
Utah law only protects equity up to the state’s limit. Equity in the home above the limit is non-exempt and can be seized by creditors. If your home is seized and the highest bid is below the homestead exemption, the house cannot be sold.
Other exceptions include:
- Secondary residences (the exemption only applies to primary residences)
- Mortgages and secured liens
- Property tax liens and federal income tax liens
- Alimony and child support arrearages
- Fraud or results of criminal activity
The state of Utah has a separate homestead tax exemption unrelated to the bankruptcy exemption. To obtain this exemption, homeowners should speak with a tax attorney or their financial planner.
Get Legal Advice From a Utah Bankruptcy Attorney
State homestead exemptions can be difficult to understand, and bankruptcy laws are equally confusing. If you would like legal assistance regarding homestead issues, consider consulting with a Utah real estate attorney or a Utah bankruptcy attorney. You can also find additional articles and information in FindLaw’s section on Homestead Protections.
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