Such personal estate selected by the householder under § 34-4, 34-4.1, or 34-13 shall be set apart in a writing signed by him. He shall, in the writing, designate and describe with reasonable certainty the personal estate so selected and set apart and each parcel or article, affixing to each his cash valuation thereof. Such writing shall be admitted to record, to be recorded as deeds are recorded in the county or city wherein such householder resides. However, if such personal estate is claimed exempt in a case filed under Title 11 of the United States Code, the official Schedule of Property Claimed as Exempt filed in the United States Bankruptcy Court claiming such exemptions shall be sufficient to set apart such property as exempt.
The following form, or one which is substantially similar, shall be used and shall be sufficient, when duly admitted to record in the county or city in which the householder resides, to exempt such described personal property from creditor process:
HOMESTEAD DEED FOR PERSONAL PROPERTY
Name of Householder __________________
Is the householder a disabled veteran entitled to claim the additional exemption under § 34-4.1? ________________
Address of Householder __________________
Name(s) and age(s) of dependent(s) __________________
County/city in which householder resides ____________________________________________________________
Description of property claimed as exempt and its value
__________________
__________________
Number of homestead deeds that have been filed by the Householder
__________________
Exemption amount previously claimed on prior homestead deeds
__________________
List the jurisdictions where previous homestead deeds were filed
__________________
__________________ (Signature of Householder)
__________________ [ACKNOWLEDGMENT]
Such writing or deed shall not be required to secure any exemption under this Code except those exemptions created by §§ 34-4, 34-4.1 and 34-13.
Code 1919, § 6540; 1990, c. 942; 1993, c. 150; 2010, c. 186; 2020, c. 328.
Notes of Decisions
Cited in
38
cases (
1 in the last 5 years), 1980–2024 · leading case:
In Re Smith, 45 B.R. 100 (Bankr. E.D. Va. 1984).
In Re Smith, 45 B.R. 100 (Bankr. E.D. Va. 1984).
· cites it 12× “Virginia Code § 34-14 4 sets out how the exemption is to be accomplished.”
Bryant v. Smith, 165 B.R. 176 (W.D. Va. 1994).
· cites it 13× “” See Va.Code Ann. § 34-14 (Supp.1993). IV. The debtors’ schedules were not timely filed.”
In Re Lamm, 47 B.R. 364 (E.D. Va. 1984).
· cites it 6× “676 (1919); Va. Code §§ 34-14 and 34-17. 2 . The prior statute made the execution a lien from the date it was delivered into the hands of the officer.”
In Re Stoney, 445 B.R. 543 (Bankr. E.D. Va. 2011).
· cites it 7× “To properly exempt personal property pursuant to Section 34-4, a debt- or must comply with Virginia Code § 34-14, which provides, in pertinent part: § 34-14.”
In Re Wallace, 249 B.R. 677 (Bankr. W.D. Va. 2000).
· cites it 4× “” In order to “set apart” where personal property is concerned, Code of Virginia § 34-14 requires the homestead deed to “be admitted to record .”
Lester Shackman Shirkey, Jr. v. John G. Leake, Tr., 715 F.2d 859 (4th Cir. 1983).
· cites it 3× “Va.Code § 34-14. 2 Generally, a homestead deed perfects the exemption if it is recorded any time before sale under a judgment, execution, or other legal process.”
In Re Calhoun, 47 B.R. 119 (Bankr. E.D. Va. 1985).
· cites it 5× “The debtors contend that Kansas exemption law is not applicable to the debtors’ claimed exemptions, and that under Virginia law, the execution of the Escrow Contract created an interest in personalty from which the equity might be exempted pursuant to Virginia Code § 34-14…”
In Re Heidel, 215 B.R. 814 (Bankr. E.D. Va. 1997).
· cites it 15× “” Va.Code § 34-14. Notably absent from section 34-14 is section 34r-34, the exemption statute at issue.”
In Re Meyer, 211 B.R. 203 (Bankr. E.D. Va. 1997).
· cites it 2× “” Additionally, Va.Code Ann. § 34-14, which sets forth the requirement for the recording of a homestead deed in order to claim a homestead exemption in personal properly, states, "Such writing or deed shall not be required to secure any exemption under this Code except those…”
In Re Watkins, 267 B.R. 703 (Bankr. E.D. Va. 2001).
· cites it 5× “” Va.Code Ann. § 34-14 (emphasis added); see also Payne v.”
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