W. Va. Code » §38-9-6. Waiver of exemption void.
West Virginia Code

W. Va. Code § 38-9-6 (2026)

Waiver of exemption void

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

§38-9-6. Waiver of exemption void.

Any waiver of the rights conferred by this article shall be void and unenforceable except to the extent that (1) such waiver is accompanied by a consensual security interest in the property in which the homestead exemption is asserted and (2) such security interest cannot be satisfied without encroaching upon the homestead exemption so asserted.

Notes of Decisions
Cited in 3 cases, 1988–2019 · 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 7× “Code § 46A-2-121 (1986) because any attempted waiver of the exemptions granted by the West Virginia Constitution Article 6, § 48 is expressly forbidden by W.Va.Code § 38-9-6 and § 38-8-15 (1985); second, that the inclusion of Clause # 14 in the loan contract was an unfair and…”
Chames v. DeMayo, 972 So. 2d 850 (Fla. 2007). “392, 394 (1906); West Virginia: W. Va.Code Ann. § 38-9-6 (2005); Wisconsin: Wis.”
Rockstone Capital, LLC v. Sanzo, 210 A.3d 554 (Conn. 2019). “any debt secured by the homestead when the exemption has been waived by written contract"); W. Va. Code Ann. § 38-9-6 (a) (LexisNexis 2011) ("[a]ny waiver of the rights conferred by this article shall be void and unenforceable except to the extent that [1] such waiver is…”
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