Though the provisions are not included in the Virginia statutory homestead exemption, courts have held that the exemption can apply to a mobile home and that real property owned by a married couple as a tenancy by the entirety may be exempt if only one of the spouses is the debtor.
The references to Virginia statutes are to the Code of Virginia.
Resources:
United States Bankruptcy Court, Eastern District of Virginia
United States Bankruptcy Court, Western District of Virginia
| Virginia Bankruptcy Exemptions | |||
| Assets | Exemption | State Statutes | |
| Homestead | Homestead: up to $5,000 plus an additional $500 for each dependent of the debtor. | 34-4 | |
| Rents and profits or funds from sale of exempt homestead property: up to $5,000. | 34-18; 34-20 | ||
| Unused homestead exemption: up to $5,000 for any personal property. | 34-4 | ||
| Debtor must file homestead declaration before filing for bankruptcy in order to take the exemption. | 34-6 | ||
| Exemption if owner deceased: up to $15,000 for surviving spouse; if no surviving spouse, up to $15,000 for minor children. | 64.1-151.3 | ||
| Insurance | Life insurance proceeds: all. | 38.2-3122 | |
| Group life insurance policy/proceeds: all. | 38.2-3339 | ||
| Sickness or accident benefits | 38.2-3406 | ||
| Industrial benefits for illness: all. | 38.2-3549 | ||
| Cooperative life insurance benefits: all. | 38.2-3811 | ||
| Burial society benefits: all. | 38.2-4021 | ||
| Benefits from a fraternal benefit society: all. | 38.2-4118 | ||
| Group life or accident insurance benefits for government officials: all. | 51.1-510 | ||
| Miscellaneous | Property owned by business partnership: all. | 50-73.108 | |
| Pensions | Federal pension exemptions. | ||
| Benefits qualified under ERISA: up to $25,000. | 34-34 | ||
| State employee pensions: all. | 51.1-124.4(A) | ||
| State police officer pensions: all. | 51.1-200 | ||
| Judge pensions: all. | 51.1-300 | ||
| City, town, and county employee pensions: all. | 51.1-802 | ||
| Personal Property | Contracts for prepaid tuition: all. | 23-38.81(E) | |
| Bible: 1 family Bible. | 34-26(1) | ||
| Engagement and wedding rings: all. | 34.26(1a) | ||
| Heirlooms and family portraits: up to $5,000 total. | 34-26(2) | ||
| Burial plot: all | 34-26(3) | ||
| Preneed funeral contract: up to $5,000. | 34-26(3) | ||
| Clothing: up to $1,000. | 34-26(4) | ||
| Household furnishings: up to $5,000. | 34.26(4a) | ||
| Pets: all. | 34-26(5) | ||
| Health aids: all medically prescribed. | 34-26(6) | ||
| Motor vehicle: up to $2,000. | 34-26(8) | ||
| Recovery and claim for personal injury: all. | 34-28.1 | ||
| Public Benefits | Payments to tobacco farmers: all. | 3.1-1111.1 | |
| Crime victim's compensation benefits: all unless debt is for treatment of injury incurred during crime. | 19.2-368.12 | ||
| Unemployment compensation benefits: all. | 60.2-600 | ||
| General relief benefits: all. | 63.2-506 | ||
| Blind, aged, and disability benefits: all. | 63.2-506 | ||
| Worker's compensation benefits: all. | 65.2-531 | ||
| Tools of Your Trade | Tools, books, and instruments necessary for trade or education, including motor vehicle: up to $10,000 total. | 34-26(7) | |
| For farmer, horses or mules with gear: up to 2. | 34.27 | ||
| For farmer, 1 tractor: up to $3,000. | 34.27 | ||
| For farmer, 1 wagon or cart, 2 plows and wedges; 1 drag, harvest cradle: up to $1,000 total. | 34.27 | ||
| For military member, arms, equipment, and uniforms: all. | 44.96 | ||
| Wages | Wages: at least 75% of the weekly disposable earnings or 40 times the federal minimum hourly wage, whichever is greater. The bankruptcy judge may allow a larger exemption for low-income debtors. | 34-29 | |
| Wildcard | For disabled veterans, any property: up to $2,000. | 34-4.1 | |
| Any personal property: any unused part of the homestead exemption. | 34-13 | ||