Kansas Homestead Exemption

Kansas is an “opt-out” state, meaning federal exemptions are not available. As a result, the issue of whether a Kansan can file bankruptcy and keep their home is governed by Kansas bankruptcy laws. Kansas allows an unlimited amount of value to be protected in one’s homestead as long as certain parcel size requirements are met. Real estate or a mobile home you occupy is exempt regardless of value, provided the property cannot exceed 1 acre in a town or city or 160 acres on a farm.

Assuming parcel size limitations are not exceeded, Kansas’ unlimited homestead exemption will prevent the forced sale of your home both inside and outside of the bankruptcy context. In most states, exemption statutes have a dual utility, applying in collection suits as well as bankruptcy proceedings. If Kansas law applies, creditors cannot take your home from you regardless of the size of your debts or the value of your home.

Please note that a recent move may impact what exemption laws apply to your bankruptcy case. If you have moved within the last two years or are considering moving please read: A recent move may impact your ability to protect property in bankruptcy.

Looking for more information? See Also:

What Is a Homestead Exemption? Can Creditors Take My Home?