As used in this section and sections
52-352b and
52-353:
(1) “Value” means fair market value of the exemptioner's equity or unencumbered interest in the property;
(2) “Necessary” means reasonably required to meet the needs of the exemptioner and his or her dependents including any special needs by reason of health or physical infirmity;
(3) “Exempt” means, unless otherwise specified, not subject to any form of process or court order for the purpose of debt collection;
(4) “Exemptioner” means the natural person entitled to an exemption under this section or section 52-352b;
(5) “Homestead” means owner-occupied real property, co-op or mobile manufactured home, as defined in subdivision (1) of section 21-64, used as a primary residence.
(P.A. 77-466, S. 1; P.A. 78-331, S. 25, 58; P.A. 83-581, S. 24, 40; P.A. 93-301, S. 1, 3; P.A. 94-55; P.A. 10-181, S. 4; P.A. 21-161, S. 4.)
History: P.A. 78-331 redefined “value” to specify “exemptioner's” equity and “unencumbered” interest; P.A. 83-581 made definitions applicable to Sec. 52-353 and deleted references to Sec. 52-352c which was made a part of Sec. 52-352b by the same act; P.A. 93-301 added definition of “homestead”, effective October 1, 1993, and applicable to any lien for any obligation or claim arising on or after said date; P.A. 94-55 redefined “homestead” to include mobile manufactured homes; P.A. 10-181 redefined “homestead” in Subdiv. (e) to include co-op, effective June 9, 2010; P.A. 21-161 redesignated existing Subsecs. (a) to (e) as Subdivs. (1) to (5) and made technical changes.
Cited. 178 C. 675.
Notes of Decisions
Sienkiewicz v. Sienkiewicz, 425 A.2d 116 (Conn. 1979).
· cites it 21× “In 1977, however, what is now General Statutes §§ 52-352a through 52-352c were enacted.”
In Re Kujan, 286 B.R. 216 (Bankr. D. Conn. 2002).
· cites it 11× “[the] definition [of homestead under Conn. Gen.Stat. § 52-352a].” (Trustee’s Objection.”
Rockstone Capital, LLC v. Sanzo, 210 A.3d 554 (Conn. 2019).
· cites it 5× “" General Statutes § 52-352a (c). Under the homestead exemption, a judgment debtor's "homestead" is exempt "to the value of seventy-five thousand dollars .”
In Re Dorothy Estarellas, 338 B.R. 538 (Bankr. D. Conn. 2006).
· cites it 4× “” Conn. Gen.Stat. § 52-352a(e). The debtor contends that, although, prepetition, she transferred title to the residence to the Trust, she retained an equitable interest in the residence as a beneficiary of the Trust and is entitled to an exemption therein.”
In Re Duda, 182 B.R. 662 (Bankr. D. Conn. 1995).
· cites it 3× “Section 1 of the Act reenacts several definitional provisions, including subsection 52-352a(c), which now reads: “Exempt” means, unless otherwise specified, not subject to any form of process or court order for the purpose of debt collection.”
Unifund CCR Partners v. Schaeppi, 11 A.3d 723 (Conn. App. Ct. 2011).
· cites it 5× “The court reasoned that the “issue of what portion of the defendants’ interest in their property is exempt and what portion [is] nonexempt [under General Statutes §§ 52-352a and 52-352b] 2 gives rise to an issue of fact, which, in this case, precludes the granting of [the]…”
In re Cole, 347 Conn. 284 (Conn. 2023).
· cites it 4× “Nothing in the language of the act indicates that the legislature intended to carve out preexisting (or any other) debts from the reach of the exemption. Section 52-352b is part of chapter 906 of the General Statutes, which regulates postjudgment procedures, and the statute…”
Ferreira v. Ward, 224 Conn. App. 571 (Conn. App. Ct. 2024).
· cites it 7× “General Statutes § 52-352a et seq.’’ The plaintiff filed a reply wherein he denied the defen- dant’s special defense.”
DAP Fin. Mgmt. Co. v. Mor-Fam Elec., Inc., 755 A.2d 925 (Conn. App. Ct. 2000).
· cites it 2× “The homestead exemption is an apparent reference to General Statutes §§ 52-352a and 52-352b. Counsel who represented the plaintiff during the litigation, including the settlement negotiations, did not represent the plaintiff foUowing its rejection of the settlement.”
Lavy v. Lavy, 210 A.3d 98 (Conn. App. Ct. 2019).
“General Statutes § 52-350f provides: "A money judgment may be enforced against any property of the judgment debtor unless the property is exempt from application to the satisfaction of the judgment under section 52-352a, 52-352b, 52-352d or 52-361a, or any other provision of the…”
— Conn. Gen. Stat. § 52-352a(c) — 4 cases
In Re Kujan, 286 B.R. 216 (Bankr. D. Conn. 2002).
“[the] definition [of homestead under Conn. Gen.Stat. § 52-352a].” (Trustee’s Objection.”
In Re Duda, 182 B.R. 662 (Bankr. D. Conn. 1995).
“Section 1 of the Act reenacts several definitional provisions, including subsection 52-352a(c), which now reads: “Exempt” means, unless otherwise specified, not subject to any form of process or court order for the purpose of debt collection.”
— Conn. Gen. Stat. § 52-352a(e) — 7 cases
In Re Dorothy Estarellas, 338 B.R. 538 (Bankr. D. Conn. 2006).
“” Conn. Gen.Stat. § 52-352a(e). The debtor contends that, although, prepetition, she transferred title to the residence to the Trust, she retained an equitable interest in the residence as a beneficiary of the Trust and is entitled to an exemption therein.”
In Re Duda, 182 B.R. 662 (Bankr. D. Conn. 1995).
“Section 1 of the Act reenacts several definitional provisions, including subsection 52-352a(c), which now reads: “Exempt” means, unless otherwise specified, not subject to any form of process or court order for the purpose of debt collection.”
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