SYSTEM 1
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ASSET | EXEMPTION DESCRIPTION | LAW SECTION |
HOMESTEAD | Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development or condo to $50,000 if single and not disabled; $75,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common), $125,000 if 65 or older, or physically or mentally disabled; $100,000 if 55 or older, single and earn under $15,000 or married and earn under $20,000 and creditors seek to force the sale of your home; sale proceeds exempt for 6 months after received (husband and wife may not double). | 704.710, 704.720, 704.730 In re McFall, 112 B.R. 336 (9th Cir. B.A.P., 1990) |
PERSONAL PROPERTY | Appliances, furnishings, clothing and food needed | 704.020 |
| | Bank deposits from Social Security Administration to $2000 ($3000 for husband and wife) | 704.080 |
| | Building materials to $2000 to repair or improve home (husband and wife may not double) | 704.030 |
| | Burial plot | 704.200 |
| | Health aids | 704.050 |
| | Jewelry, heirlooms and art to $5000 total (husband and wife may not double) | 704.040 |
| | Motor vehicles to $1900, or $1900 in auto insurance if vehicle(s), lost, damaged or destroyed (husband and wife may not double) | 704.010 |
| | Personal injury and wrongful death causes of action | 704.140 (a), 704.150 (a) |
| | Personal injury and wrongful death recoveries needed for support; if receiving installments, at least 75% | 704.140(b), (c), (d), 704.150 (b), (c) |
| | May file homestead declaration | 704.920 |
INSURANCE | Disability or health benefits | 704.130 |
| | Fidelity bonds | Labor 404 |
| | Fraternal unemployment benefits | 704.120 |
| | Homeowner’s insurance proceeds for 6 months after received, to homestead exemption amount | 704.720 (b) |
| | Life Insurance proceeds if clause prohibits proceeds from being used to pay beneficiary’s creditors | Ins. 10132, Ins. 10170, Ins. 10171 |
| | Matured life insurance benefits needed for support | 704.100 (c) |
| | Unmatured life insurance policy loan value to $8,000 (husband and wife may double | 704.100 (b) |
MISCELLANEOUS | Business or professional licenses | 695.060 |
| | Inmates’ trust fund to $1000 (husband and wife may not double) | 704.090 |
| | Property of business partnership | Corp. 15025 |
PENSIONS | County employees | Gov’t 31452 |
| | County firefighters | Gov’t 32210 |
| | County peace officers | Gov’t 31913 |
| | Private retirement benefits, including IRAs and Keoghs | 704.115 |
| | Public employees | Gov’t 21201 |
| | Public retirement benefits | 704.110 |
PUBLIC BENEFITS | Aid to blind, aged, disabled, AFDC | 704.170 |
| | Financial aid to students | 704.190 |
| | Relocation benefits | 704.180 |
| | Unemployment benefits | 704.120 |
| | Union benefits due to labor dispute | 704.120(b)(5) |
| | Workers’ compensation | 704.160 |
TOOLS OF TRADE | Tools, implements, materials, instruments, uniforms, books, furnishings, equipment, vessel, motor vehicle to $5,000 total; to $10,000 total if used by both spouses in same occupation (cannot claim motor vehicle under tools of trade exemption if claimed under motor vehicle exemption) | 704.060 |
WAGES | Minimum 75% of wages | 704.070 |
| | Public employees vacation credits; if receiving installments, at least 75% | 704.113 |
SYSTEM 2
NOTE: Married couples may not double any exemptions (se In re Talmadge, 822 F.2d 1120 (9th Cir. 1987);
In re Baldwin, 70 B.R. 612 (9th Cir. B.A.P. 1987)
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ASSET | EXEMPTION DESCRIPTION | LAW SECTION |
HOMESTEAD | Real or personal property, including co-op, used as residence to $17,425; unused portion of homestead may be applied to any property | 703.140 (b)(1) |
PERSONAL PROPERTY | Animals, crops, appliances, furnishings, household goods, books, musical instruments and clothing to $450 per item | 703.140 (b) (3) |
| | Burial plot to $17,425, in lieu of homestead | 703.140 (b) (1) |
| | Health aids | 703.140 (b) (9) |
| | Jewelry to $1,150 | 703.140 (b) (4) |
| | Motor vehicle to $2,775 | 703.140 (b)( (2) |
| | Personal injury recoveries to $17,425 (not to include pain and suffering; pecuniary loss) | 703.140 (b) (11) (D, E) |
| | Wrongful death recoveries needed for support | 703.140 (b) (11) (B) |
INSURANCE | Disability benefits | 703.140 (b) (10)() (C) |
| | Life insurance proceeds needed for support of family | 703.140 (b) (11) (C) |
| | Unmatured life insurance contract accrued avails to $9,300 | 703.140 (b) (8) |
| | Unmatured life insurance policy other than credit | 703.140 (b) (7) |
MISC. | Alimony, child support needed for support | 703.140 (b) (10) (D) |
PENSIONS | ERISA-qualified benefits needed for support | 703.140 (b) (10) (E) |
PUBLIC BENEFITS | Crime victim’s compensation | 703.140 (b) (11) (A) |
| | Public Assistance | 703.140 (b) (10) (A) |
| | Social Security | 703.1400 (b) (10) (A) |
| | Unemployment compensation | 703.140 (b) (10) (A) |
| | Veterans’ benefits | 703.140 (b) (10) (B) |
TOOLS OF TRADE | Implements, books, and tools of trade up to $1,750 | 703.140 (b) (6) |
WAGES | NONE | |
WILD CARD | $925 of any property | 703.140 (b) (5) |
| | Plus unused portion of homestead or burial exemption, of any property | 703.140 (b) (5) |
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