Virginia Code

Va. Code Ann. § 34-6 (2026)

How exemption of real estate secured; form to claim exemption of real property

✓ current as of May 2026

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In order to secure the benefit of the exemptions of real estate under §§ 34-4 and 34-4.1, the householder, by a writing signed by him and duly admitted to record, to be recorded as deeds are recorded, in the county or city wherein such real estate or any part thereof is located or, if such property is located outside of the Commonwealth, in the county or city in the Commonwealth where the householder resides, shall declare his intention to claim such benefit and select and set apart the real estate to be held by the householder as exempt, and describe the same with reasonable certainty, affixing to the description his cash valuation of the estate so selected and set apart. However, if such real 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. Equitable as well as legal estates may be so selected and set apart. The following form, or one which is substantially similar, shall be used and shall be sufficient for the writing required by this section:

HOMESTEAD DEED FOR REAL PROPERTY

Name of Householder __________________

Name of title holder of record (if different)

__________________

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/state in which real property claimed as exempt is located

__________________

Description of property claimed as exempt

__________________

Value of property described above __________________

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 and 34-4.1.

Code 1919, § 6532; 1990, c. 942; 1993, c. 150; 1998, c. 331; 2008, c. 224; 2019, c. 492; 2020, c. 328.

Notes of Decisions

Cited in 25 cases, 1983–2016 · leading case: In Re Stoney, 445 B.R. 543 (Bankr. E.D. Va. 2011).

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In Re Stoney, 445 B.R. 543 (Bankr. E.D. Va. 2011). · cites it 12× “” Va.Code Ann. § 34-6; see also id. § 34-14 (requiring a debtor to “describe with reasonable certainty the personal estate so selected and set apart and each parcel or article, affixing to each his cash valuation thereof’).”

In Re McWilliams, 296 B.R. 424 (Bankr. E.D. Va. 2002). · cites it 15× “Trustee contends that Va.Code § 34-6, as amended in 1998, requires a debtor to file a homestead deed in both the county in which the debtor resides and the county in which the property is located.”

In Re Heater, 189 B.R. 629 (Bankr. E.D. Va. 1995). · cites it 6× “” Va.Code Ann. § 34-6 (Michie 1990). Moreover, Virginia law is clear that debtors who claim an interest in property located outside of Virginia must comply strictly with the Homestead Exemption recording requirements by filing a homestead deed in the appropriate jurisdiction…”

In Re Calhoun, 47 B.R. 119 (Bankr. E.D. Va. 1985). · cites it 5× “, Sedgewick County, Kansas pursuant to Virginia Code § 34-6 (Repl.Vol.1984). The trustee contends that the installment sales contract executed by the debtors created in the debtors an interest in land by the doctrine of equitable conversion which required the recording of a…”

Washington v. Virginia State Educ. Assistance Auth. (In Re Washington), 41 B.R. 211 (Bankr. E.D. Va. 1984). “Code § 34-6 (Repl.Vol.1976). A judgment lien is clearly a judicial lien.”

In Re: Quy Van Nguyen, Debtor. Robert G. Mayer, Tr.-Appellant v. Quy Van Nguyen, Debtor-Appellee, 211 F.3d 105 (4th Cir. 2000). “The “manner prescribed” for claiming a homestead exemption is set out in Va.Code Ann. §§ 34-6, 34-14, 34-17. These sections establish the time allowed for setting apart the property, the place where the debtor must file the writing describing the property, and the form and…”

In Re Emerson, 129 B.R. 82 (Bankr. W.D. Va. 1991). · cites it 2× “In order to secure the benefit of an exemption of real estate under section 34-4, Virginia Code § 34-6 requires a householder to file a homestead deed in the county or city where the real property is located.”

Cappetta v. Household Fin. Co. (In Re Cappetta), 33 B.R. 755 (Bankr. E.D. Va. 1983). · cites it 6× “Code of Virginia § 34-6 (1976 Repl. vol.).”

In Re Sherman, 191 B.R. 654 (Bankr. E.D. Va. 1995). · cites it 2× “Va.Code Ann. §§ 34-6 and 34-14. Although § 34-21, Va.”

In Re Haynesworth, 145 B.R. 222 (Bankr. E.D. Va. 1992). · cites it 2× “Virginia Code § 34-6 provides the manner in which a homestead exemption in real property must be claimed.”

In Re Lamm, 47 B.R. 364 (E.D. Va. 1984). “Sections 34-6 and 34-13 of the Code of Virginia sets forth how the homestead may be claimed in a real and personal property.”

In Re Zella, 196 B.R. 752 (Bankr. E.D. Va. 1996). “§§ 34-6 and 34H4, Code of Va. In the present case, the debtor recorded a homestead deed claiming his interest in the funds exempt in the amount of $1.”

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