Simple Asset Protection Strategy #1: The “Homestead Exemption”

Asset Protection
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Without hiring a lawyer or creating anything fancy, there are some things that we can do on our own to protect our assets from those who would like to get their hands on our stuff.  In the coming days, we’ll discuss some simple things that everyone can do to better protect themselves.

 

The “Homestead Exemption” strategy is one of the reasons why O.J. Simpson was able to live in a nice home while he tracked down the “real killer” across the great golf courses of the world. (Before his abject stupidity kicked in again and led him to commit another crime that will see him probably die in prison where he belongs). 

 

What is a Homestead Exemption?

 

If you own your own home, most states offer a “Homestead Exemption” which offers some legal protection for your house.  In some states this is automatic and in others you need to apply specifically for it.  Usually, these laws will only allow you to protect one primary residence and sometimes there is a limit on the value or the acreage that may be protected.

 

Homestead exemption laws typically have two main features:

 

1.  They prevent the forced sale of a home to meet the demands of creditors (except to satisfy mortgages, mechanics liens, or to pay property taxes)

2.  They provide some exemption from property taxes applied to the primary residence

 

So, they can’t make you sell your house if your lose in a lawsuit, and you get some tax savings every year at the same time!

 

You need to check this out for the state where you live to make sure that you are taking advantage of this “free” asset protection strategy.

 

We’ll look at another simple strategy tomorrow… Ciao, Rob

 

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26 Comments

24 Comments

  1. Duane CunninghamNo Gravatar (51 comments)  •  Apr 21, 2009 @9:13 am
  2. Jennifer BattaglinoNo Gravatar (25 comments)  •  Apr 21, 2009 @9:25 am

    Sounds interesting. Is this something you should automatically apply for even if you’re not getting sued or going bankrupt…just yet? Or is this something that you have to do before this all happens?

    Good info, I am learning that there are so many things out there that the layman would not know about.

    Great info
    Jennifer

    The Harwood Center – Tinnitus, Chronic Illness, Fers, Phobias, and Anxiety

    Reply

    Rob NorthrupNo Gravatar (84 comments) Reply:

    Yes, you need to check your state website. or just google homestead exemption with your state name. It needs to be in place ahead of time and there is no downside. It can also save on property tax in some states.

    And you don’t have to do anything wrong to get sued, just having a house with some equity makes you a target. Better safe than sorry.

    Rob

    Reply

  3. Steve ChambersNo Gravatar (103 comments)  •  Apr 21, 2009 @9:25 am

    This is definitely something worth checking out. As you advocate. we need to layer our asset protection strategies.

    Steve, The Sales Expert

    Are you a Sales Eagle?

    Reply

  4. David PowerNo Gravatar (42 comments)  •  Apr 21, 2009 @9:48 am

    Im with Duane on this not sure how this applies in the UK but its great stuff to learn!

    Expert in Medical Hypnosis, Success Thinking and Practical Parenting

    David Power’s Hour

    Reply

  5. Anthony LemmeNo Gravatar (41 comments)  •  Apr 21, 2009 @10:03 am

    That is something that I did not know that I am going to share with others. Even if you are not in any kind of trouble, the tax break sounds nice.

    Anthony
    http://www.anthonylemme.com

    Reply

  6. John HoNo Gravatar (86 comments)  •  Apr 21, 2009 @10:29 am

    One simple way to protect yourself is NEVER give personal guarantee in supporting ANYONE’s loan or mortgage as it represents UNLIMITED liability if that party is in default.

    John Ho
    Numerology Expert Helps Understanding Personalities for Better Influence & Persuasion (WordPress Blog)
    Numerology Expert Helps Understanding Personalities for Better Influence & Persuasion (Money Page)

    Reply

  7. Lynn LaneNo Gravatar (57 comments)  •  Apr 21, 2009 @10:50 am

    Thanks Rob,

    Good to know info. I’ll google it today.

    Lynn Lane
    http://www.Warriorofsuccess.com

    Reply

  8. Sonya LenzoNo Gravatar (30 comments)  •  Apr 21, 2009 @11:17 am

    Rob, sometimes I feel like you are the group’s big brother or uncle, watching our for us, protecting us. it is cool. thank you.
    SunnyMaire
    http://www.sunnymarie.com
    http://www.sunnymarie.wordpress.com

    Reply

  9. JJ JalopyNo Gravatar (57 comments)  •  Apr 21, 2009 @12:25 pm

    I believe in the UK it’s a smiliar situation. Creditors can take a charge on your home, but cannot force you to sell it.

    Great advice as always, Rob.

    JJ Jalopy.
    Life Coaching and Home Business Advice with JJ Jalopy

    Reply

  10. Philip GravesNo Gravatar (52 comments)  •  Apr 21, 2009 @12:41 pm

    Sadly we don’t have an equivalent in the UK as far as I know, although I believe having a limited company keeps personal assets away from any commercial claims.

    Philip Graves
    Consumer Behaviour Expert
    author of “The Secret of Selling: How to Sell to Your Customer’s Unconscious Mind”

    Reply

  11. Mitchell RehaumeNo Gravatar (12 comments)  •  Apr 21, 2009 @12:48 pm

    Thanks Rob,

    I wonder if we have something similar to the homestead exemption in Canada. I’m going to ask a friend in law and if we do I’ll forward you the information.

    Regards,

    Mitch
    Mitch
    Free Smartphone Training
    Fastest and Cheapest Motorola v551 Unlock Code
    Fastest and Cheapest Motorola v180 Unlock Code

    Reply

  12. jc mackenzieNo Gravatar (48 comments)  •  Apr 21, 2009 @1:25 pm

    Thats good to know especially in this day and time.

    Thanks!

    JC JC

    Reply

  13. Lisa McLellanNo Gravatar (90 comments)  •  Apr 21, 2009 @4:20 pm

    We just recently filed the paperwork for the homestead exemption. We should have done it years ago. Thankfully we didn’t need it. Great post – good reminder for people who have “been meaning to do that.”

    Lisa McLellan, Babysitting Classes – Babysitters, Nannies, and Au-pairs

    Reply

  14. Bob KauferNo Gravatar (49 comments)  •  Apr 21, 2009 @5:04 pm

    This is a very important tip but the limits and parameters really vary from state to state. In Minnesota for example you can protect up to $300k in equity or all of it if you own it with a spouse in joint tenancy and the spouse is not also a debtor. To contrast this with I think Texas and Florida I think you can protect it all.

    Bob Kaufer
    Z Health For Life

    Reply

    Rob NorthrupNo Gravatar (84 comments) Reply:

    THanks Bob,

    If I wasn’t clear enough in my post, I apologize. This is a state-by-state thing and you need to check it out for your own state of residence.
    Rob

    Reply

  15. Christian HallerNo Gravatar (48 comments)  •  Apr 21, 2009 @5:50 pm

    Sounds like something we should all have in place.
    Christian Haller
    The Art of Good Eating
    Easy Italian Recipes

    Reply

  16. Matt HankersonNo Gravatar (1 comments)  •  Apr 21, 2009 @7:18 pm

    As a small business owner, I’m going to look into this right away. Great tip.

    Diatomic Design

    Reply

  17. Yann Vernier - ProfitsTactics.comNo Gravatar (38 comments)  •  Apr 21, 2009 @7:53 pm

    Very useful strategy. As far as I know, the best practice for similar protection in the UK – and in France – is to register a separate company to be the legal owner of each property.

    All the best,
    Yann
    http://www.ProfitsTactics.com

    Reply

  18. April BraswellNo Gravatar (73 comments)  •  Apr 21, 2009 @7:57 pm

    Very interesting information about protecting our house with homestead laws.

    Best regards,

    April Braswell

    Dating Expert and Online Dating Coach

    Reply

  19. Pam SchulzNo Gravatar (48 comments)  •  Apr 21, 2009 @8:23 pm

    Good information to know about how to protect likely one of your biggest assets – your home.

    Great Minds, Great Wealth: How to Raise your Return, Reduce your Risk, Cut your Cost

    Personal Investment Strategies

    Reply

  20. Don ShepherdNo Gravatar (44 comments)  •  Apr 21, 2009 @9:21 pm

    Thanks Rob

    I’m going to get right on this. i had no idea it even existed.

    Don Shepherd
    Central Oregon Expert

    Reply

  21. Darryl PaceNo Gravatar (66 comments)  •  Apr 21, 2009 @9:50 pm

    Wow. Very cool. We can save on taxes every year with a homestead exemption?! This is the first I’ve heard of this. I’m going to check into it immediately.

    Health, Fitness — Darryl Pace
    Fitness Product Review

    Reply

  22. mark mallenNo Gravatar (35 comments)  •  Apr 21, 2009 @11:38 pm

    Good info. I know Florida has a strong Homestead Exemption law. Mark

    Marketingscoops

    GlacierIceCream

    Reply

  23. Pat BeckerNo Gravatar (40 comments)  •  Apr 23, 2009 @2:10 pm

    I know we have a homestead exemption in California. It just wasn’t extensive enough to protect OJ’s wealth. Florida is a popular place to apply because they have some of the most extensive protections – think Enron execs who had houses in Florida even though they lived in Texas.

    Pat
    Business Owners Fast Track to Internet Profits

    Reply

  24. Asset Protection InformationNo Gravatar (1 comments)  •  May 2, 2009 @1:40 pm

    Asset Protection and an Asset Protection plan are things that we all as individuals need.
    Very good information on this site here:
    Asset Protection Information
    and
    Asset Protection Information System

    Reply

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