West Virginia: homestead exemptions
How much home equity you can protect in bankruptcy in each state, and whether you can use the federal exemption list instead.
Under review| State homestead exemption | $35,000 in bankruptcy |
|---|---|
| Law | W. Va. Code § 38-9-1 |
| Can you use the federal exemptions? | Yes - you may choose the federal list instead |
| Federal amounts | Federal homestead $31,575; wildcard $1,675 plus up to $15,800 of unused homestead (cases filed through Mar. 31, 2028) |
One source says filers may use the federal list since 2023; another does not list West Virginia.
General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply. Confirm with the state agency, the court or a licensed professional in West Virginia.
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How we checked this
Homestead amounts come from a 2026 law-firm chart that cites each statute. The list of states allowing the federal exemptions was compared across two 2026 sources. Federal law can cap a homestead bought within 1,215 days of filing, and you must usually have lived in the state 730 days to use its exemptions. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.
Cross-checked sources agree Checked on official source confirmed on a government, court or legislature site From a statute-cited table one detailed source Under review sources disagree; read the note and the law.