W. Va. Code » §38-9-1. Persons entitled to homestead; value.
West Virginia Code

W. Va. Code § 38-9-1 (2026)

Persons entitled to homestead; value

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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ARTICLE 9. HOMESTEAD EXEMPTIONS.

§38-9-1. Persons entitled to homestead; value.

Any husband, wife, parent or other head of a household residing in this state, or the infant children of deceased or insane parents, owning a homestead shall by operation of law have a homestead exemption therein to the value of $5,000, subject to the provisions of section forty-eight, article six of the Constitution of this state.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1983–2021 · leading case: Orlando v. Fin. One of West Virginia, Inc., 369 S.E.2d 882 (W. Va. 1988).
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Orlando v. Fin. One of West Virginia, Inc., 369 S.E.2d 882 (W. Va. 1988). · cites it 4× “West Virginia Code § 38-9-6 proscribes the waiver of the homestead exemption provided for in W.Va.Code § 38-9-1 except under certain conditions.”
In re Morrell, 394 B.R. 405 (Bankr. N.D. W. Va. 2008). · cites it 4× “West Virginia’s non-bankruptcy homestead exemption, W. Va. Code § 38-9-1 , may have been exactly the type of exemption law that Congress believed was outmoded and insufficient to afford a debtor a fresh start after bankruptcy.”
Rich v. Rich, 405 S.E.2d 858 (W. Va. 1991). · cites it 2× “See W.Va.Code § 38-9-1 (1985) which provides for a "husband, wife, parent or other head of a household” to have a $5,000 homestead exemption.”
Morris v. Marshall, 305 S.E.2d 581 (W. Va. 1983). · cites it 5× “The appellants also assert that they were entitled to enjoin the sale of the deeds of trust on their home property as they had a right to a homestead exemption under W.Va.Code, 38-9-1 et seq. 9 The appellee responds by asserting that there was no written claim of a homestead…”
Brenda Delorse Just., No. 2:19-bk-20387 (Bankr. S.D. W. Va. Mar. 31, 2020). · cites it 7× “” W. Va. Code § 38-9-1 . Importantly, that section, along with its companion sections, deals with the Legislature’s prescribed means for executing against property based on a lien or judgment.”
Brandon Scott Tulloh & Brandi Lyn Tulloh, No. 3:20-bk-30063 (Bankr. S.D. W. Va. June 21, 2021). · cites it 3× “Code 38-10-4(a) and W. Va. Code 38-9-1. At no point were these exemptions challenged by any creditors or by the Chapter 7 Trustee.”
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