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.
Structure Code of Virginia
Title 34 - Homestead and Other Exemptions
Chapter 2 - Homestead Exemption of Householder
§ 34-4.1. Additional exemption for certain veterans
§ 34-4.2. Additional exemption for parents of dependent children
§ 34-5. To what debts exemptions shall not apply
§ 34-6. How exemption of real estate secured; form to claim exemption of real property
§ 34-7. Real estate, subject to encumbrances, may be set apart; if sold, how surplus disposed of
§ 34-8. Partition or sale of real estate held as exempt by joint tenant, etc.
§ 34-9. How real estate set apart as exempt may be encumbered or aliened
§ 34-13. Householder may set apart exemption in personal estate
§ 34-14. How set apart in personal estate; form to claim exemption of personal property
§ 34-17. When exemption may be set apart; garnished wages
§ 34-18. Rents and profits exempt; increase in value of estate set apart
§ 34-19. How excess in value set apart subjected to debts
§ 34-20. Proceeds of sale of estate exempt; how evidenced
§ 34-21. When householder's right to exemption is exhausted
§ 34-22. Waiver of exemption; its effect; form of waiver
§ 34-23. How claim enforced when exemption waived, etc.
§ 34-24. When the exemption ceases; lien of judgment or decree against householder
§ 34-25. When homestead waived judgments and executions to so state