What is needed to establish a “home” for exemption purposes?

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What is needed to establish a “home” for exemption purposes?

I own a home but it’s in foreclosure. I am considering putting a trailer on some land that I own. What do I need to do in order for this home to be considered an exemption? Timing of bankruptcy, loss of my home, and establishing my trailer as primary residence?

Asked on February 21, 2011 under Bankruptcy Law, Arizona

Answers:

laura smith

Answered 10 years ago | Contributor

Hello,

As long as you live in the trailer, you should be able to claim the trailer as an exemption. The bankruptcy rules vary by state. If you would like more information about filing bankruptcy in Mesa AZ, please feel free to contact us at http://www.fifecestalaw.com

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

Whether a dwelling can be considered "sufficient" to be allowed a homestead exemption, and other requirements of a homestead exemption, are going to be governed by the laws of the state where the dwelling is located.  In most states, I'm sure a trailer would be eligible for a homestead exemption if you are living in it at the time of the levy or filing of bankruptcy or whatever other event that occurs for which you need the exemption.

You should check with an attorney in your state for more specifics.

 

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

 


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