Vermont Statutes Annotated

Vt. Stat. Ann. tit. 27, § 101 (2026)

Definition; exemption from attachment and execution

✓ current as of May 2026

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Subchapter 001 : GENERAL PROVISIONS

(Cite as: 27 V.S.A. § 101)

§ 101. Definition; exemption from attachment and execution

The homestead of a natural person consisting of a dwelling house, outbuildings, and the land used in connection therewith, not exceeding $125,000.00 in value, and owned and used or kept by the person as a homestead together with the rents, issues, profits, and products thereof, shall be exempt from attachment and execution except as otherwise provided in this chapter. (Amended 1967, No. 287 (Adj. Sess.), § 1; 1979, No. 67, § 7; 1995, No. 186 (Adj. Sess.), § 24a, eff. Jan. 1, 1997; 2009, No. 55, § 8; 2023, No. 6, § 314, eff. July 1, 2023.)

Notes of Decisions

Cited in 58 cases (10 in the last 5 years), 1981–2026 · leading case: Brattleboro Sav. & Loan Ass'n v. Hardie, 2014 VT 26 (Vt. 2014).

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Brattleboro Sav. & Loan Ass'n v. Hardie, 2014 VT 26 (Vt. 2014). · cites it 10× “[3] The court held that Mangini was entitled to full immunity from the note and mortgage, not merely protection for the $125,000 value of the homestead exemption as provided in 27 V.S.A. § 101. Following the denial of Brattleboro Savings’s motion to reconsider, the superior…”

In Re Roberge, 307 B.R. 442 (Bankr. D. Vt. 2004). · cites it 9× “See 27 V.S.A. § 101. On December 18, 2003, the parties filed Stipulated Proposed Findings of Fact and, approximately one month thereafter, they each filed a memorandum of law.”

GMAC Mortg., LLC v. Orcutt, 506 B.R. 52 (D. Vt. 2014). · cites it 7× “In Schedule C, Debtors claimed an exemption pursuant to 27 V.S.A. § 101 in the amount of $103,104 for the Tunbridge Property.”

In Re Greene, 451 B.R. 331 (Bankr. D. Vt. 2011). · cites it 10× “The Trustee and the Debtor have filed cross-motions for summary judgment on the issue of whether, pursuant to 27 V.S.A. § 101 and 12 V.S.A. § 3023, the Debtor is entitled to claim a homestead exemption in her interest in the funds she is collecting under a promissory note that…”

Bernstein v. Held (In Re Bernstein), 62 B.R. 545 (Bankr. D. Vt. 1986). · cites it 5× “We think under the circumstances that she has a right to elect the Vermont Homestead Exemption provided under 27 V.S.A. Section 101. Dern, in opposition to debtor’s motion to avoid liens, advances two arguments to support its opposition to the homestead exemption claim: First,…”

In Re Evans, 51 B.R. 47 (Bankr. D. Vt. 1985). · cites it 5× “§ 522 and Title 27 V.S.A. § 101 in the sum of $30,000.00.”

Mercier v. Partlow, 546 A.2d 787 (Vt. 1988). · cites it 4× “This case involves the scope of the homestead exemption established by 27 V.S.A. § 101 on property that is subject to a mortgage.”

Weale v. Lund, 2006 VT 66 (Vt. 2006). · cites it 3× “As such, defendants argue that their homestead property is exempt from foreclosure under 27 V.S.A. § 101. The superior court rejected defendants’ construction of § 107.”

In re Hewitt, 576 B.R. 790 (Bankr. D. Vt. 2017). · cites it 3× “6 Second, whether under the Vermont homestead statutes, the Debtor had an ownership interest in the Property at the time Geico’s judgment lien attached, sufficient to give rise to a homestead exemption that would insulate him (up to the limit of the homestead exemption) from the…”

Est. of Girard v. Laird, 621 A.2d 1265 (Vt. 1993). · cites it 3× “” 27 V.S.A. § 101. As plaintiff emphasizes, we have generally held that under § 141(a) a deed to a homestead property, executed by only one *511 spouse, is void ab initio for noncompliance with the statute.”

In Re Pauquette, 38 B.R. 170 (Bankr. D. Vt. 1984). · cites it 2× “, 27 V.S.A. § 101, and $5,000.00 of the residence exemption of $7,500.”

In re Town of Killington, 838 A.2d 98 (Vt. 2003). “§ 751(a) — a statute specific to divorce proceedings and explicitly making “[a]ll property owned by either or both of the parties” subject to jurisdiction of the court — supersedes 27 V.S.A. § 101, a general creditor statute that exempts homesteads not exceeding $75,000.”

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— Vt. Stat. Ann. tit. 27, § 101(2011) — 1 case

In Re Greene, 451 B.R. 331 (Bankr. D. Vt. 2011). “The Trustee and the Debtor have filed cross-motions for summary judgment on the issue of whether, pursuant to 27 V.S.A. § 101 and 12 V.S.A. § 3023, the Debtor is entitled to claim a homestead exemption in her interest in the funds she is collecting under a promissory note that…”

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