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  4. Homestead Act

Homestead Act

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  • Pennsylvania Homestead Act and Foreclosure

    The Pennsylvania Homestead and Farmstead Exclusion Act allows for a reduction in the declared value of property used as permanent residences by Pennsylvania taxpayers. However, in the case of foreclosure, such benefits can be forfeited.

  • How to Reduce Your Mortgage by Using the Homestead Act in Ohio

    The Ohio homestead exemption was originally passed in 1971 to provide property tax relief for permanently disabled and senior citizen homeowners; however, homeowners had to meet income requirements to become eligible for the exemption. Ohio amended the exemption in 2007 to remove the income restriction. If you meet the requirements, you can use the exemption to lower your property tax liability by exempting taxes on $25,000 of the value of your property, which can reduce your total mortgage payments each month.

  • How to File for the Homestead Act in New Hampshire

    Creditors can go after your property. They will file a lien on your stuff, sell it and recoup their losses. New Hampshire revised statute 480:1 is known as the homestead act. The law protects your primary residence from creditors. Protection is granted automatically, you do not need to ask for it. The law covers unsecured debt. It does not protect your home when it is secured to a loan; used as collateral. The only time you file for homestead protection is when you apply for federal bankruptcy.

  • How to File for the Homestead Act in Virginia

    The Virginia Homestead Act is designed to allow homeowners to retain some of the rights to their capital invested in property even if they declare bankruptcy. This is referred to as a homestead exemption. In Virginia, an individual is allowed $5,000, plus $500 per dependent. If the homeowner is at least 65, their exemption is extended to $10,000. Disabled veterans may qualify for an additional $2,000 in exemptions. The homestead exemption form must be filed before bankruptcy forms are filed.

  • Ohio Homestead Act & Credit

    In 2005, the Ohio legislature implemented a statewide tax-reduction plan to trim taxes for residents. As of 2011, most Ohio residents are no longer subject to personal property taxes, but they must still pay real property taxes to their local county tax administration. Although Buckeye State residents are subject to real property taxes, Ohio law limits the percentage of real property taxes counties may impose upon their local residents. Furthermore, Ohio homestead exemptions allow eligible residents an exemption from real property tax assessments.

  • New Jersey Homestead Rebate Act Criteria

    The New Jersey Homestead Property Tax Credit Act provides benefits for homeowners who make full payments on their property taxes during the year. Those who are eligible to take part in the homestead rebate program can receive either a rebate check or a credit on their property tax bills -- but not both. The amount of rebate money a homeowner receives depends on the amount of tax he pays.

  • What Happens If One Waives Homestead Rights in Illinois?

    The practice of allowing individuals to homestead a property provides protection against the loss of equity inproperty if the owner has to sell the home due to debts or bankruptcy. Homestead exemptions also lower property taxes. If a person waives their homestead exemption, their property may be awarded to collectors to repay debts without them getting any money from the sale. In Illinois, all counties except Cook County allow individuals to exercise their homestead rights on their properties.

  • Michigan Homestead Renters Act

    Renters in Michigan pay property taxes indirectly as part of their rent. For this reason, the state allows renters to claim a tax credit under the Michigan Homestead Property Tax Credit program. If you are a renter occupying a homestead in Michigan and meet a few other qualifications, you can get a credit on your annual state taxes to compensate for the property tax you pay indirectly through your monthly rent.

  • 1860 Homestead Act in Colorado

    The Free Soil Party, a political group, began pushing for free land for settlers in 1852. In 1854 the first Homestead Act was presented to Congress, but opposition delayed the passage of the bill. In 1862 the bill was signed by President Abraham Lincoln, and in January 1863 it was passed into law. The law stated that any man or woman who was at least 21 years old could claim 160 acres of land by filing a claim, paying a small fee and building a home on the land.

  • Homestead Rights in Maine

    Homestead rights and laws protect individual property owners from the consequences of increasing property taxes. Property taxes are the largest source of revenue in the state of Maine and are used to fund local government services. Despite current economic conditions, individual property owners in Maine can apply for homestead exemptions of up to $10,000 of the home value.

  • How to Instructions for the MI-1040CR Form

    Michigan law permits individuals that maintain a homestead in Michigan for at least six months in a tax year to claim a homestead credit on their annual tax return. A Michigan resident can claim a homestead credit by filing Form MI-1040CR with the Michigan Treasury Department.

  • How to Homestead in California

    The California Homestead Act protects the equity of your home from forced sale to pay creditors. If your California home is worth $500,000 and you only owe $200,000 on the house, your equity is $300,000; if you owe more than your house is worth, you do not have any equity. If a lien is placed against you by a creditor in a court of law, the Homestead Act will prevent your home from being sold and your equity being given to the creditors. In the state of California, the house you own and live in is automatically protected under the…

  • The Northern Missouri Homestead Act

    Missouri enacted the Northern Missouri Homestead Act to provide support to real estate owners by giving tax relief. Citizens must meet certain criteria to receive the tax credit for the following year.

  • The Allegheny County, Pennsylvania Homestead Act

    In 1997, Pennsylvania voters approved a change to the state constitution to implement the Homestead Act, also known as Act 50, in an effort to provide people with real estate tax relief.

  • The Homestead Act: Three People on a Deed

    A homestead act allows a person or persons to protect one's principal residence from creditors. Individual state laws control whether three people who own a property can all declare a homestead.

  • How to Declare a Homestead in Montana

    Homestead laws are designed to protect people from losing their primary home to creditors and vary from state to state. However, a homestead designation does not keep a mortgage holder from being able to foreclose on a property. Only outside creditors are prevented from encumbering and forcing the sale of the home. The homestead designation also allows for a lower property tax rate, offering considerable savings in some cases. In Montana, as with most states, you must designate your property as homestead for it to be considered as such.

  • What Is a Homestead Deed?

    A homestead deed is an exemption that protects some or all of the equity in a homeowner's primary residence from judgments or liens pursued by the homeowner's unsecured creditors.

  • What Is the VA Homestead Act?

    The Virginia Homestead Act is designed to provide protection to a debtor's house against creditors who may move to court to recover a loan that is in default that was secured by the house.

  • How to Homestead Ranches in California

    Homesteading a ranch in California is no different from homesteading any other property in California. Every piece of property with a dwelling on it --- whether a ranch or a single-family home in the suburbs --- is automatically covered by a homestead exemption that protects part of the home's equity should there ever be a legal judgment against you or your property. Ranchers and other California homeowners can also file a set of papers to create a declared homestead, which offers somewhat greater protection if a judgment is rendered against the owner.

  • How to Homestead in Maine

    Homestead is a law that helps U.S. home owners protect their primary residence and assets from unsecured ceditors. The value of assets that may be protected differs from state to state and is revised from time to time, but in Maine, the amount is considerably greater if you have minor children who are your dependants. Homestead provides added protection to your personal possessions if you file Chapter 7 bankruptcy, and may reduce the amount of debt you are required to pay if you file Chapter 13. It also provides a discount off your property taxes. Homestead does not protect you…

  • Ohio Homestead Act

    In 2007, Gov. Ted Strickland of Ohio created the Homestead Act to benefit the senior citizens in his home state. Since then, hundreds of senior citizens have saved money that can be used toward bolstering their retirement funds.

  • The Stock Raising Homestead Act

    The Stock Raising Homestead Act of 1916 is a United States law that provided public land for settlers so that they could start a ranch. The act continued to impact and influence later legislation, largely because of the precedent it set regarding mineral ownership rights.

  • What Is the New Homestead Act of 2005?

    The New Homestead Act of 2005 was a bill first introduced in Congress--as the New Homestead Act--in 2003. Intended to attract residents and businesses to rural counties that had experienced a net population loss of at least 10 percent over the previous 20 years, the act failed to become law.

  • Homestead Exclusion Act

    Homestead exclusion and farmland exclusion acts are passed by individual state assemblies to offer real property tax relief to eligible property owners. The property must be located within a municipality, county or school district that provides the tax relief to local residents. A property owner may be eligible for a homestead exclusion and a farmland exclusion. The county assessor determines the amount of the exclusion and processes application for eligible property owners.

  • Homestead Entry Act

    In 1862, Congress passed the Homestead Act, which provided 160 acres of unoccupied land to each homesteader for a fee due after five years of residence. Promoting American development, homesteaders received undeveloped land for no more than $2.50 per acre. The Homestead Act expired completely in Alaska in 1986.

  • What Is "Waiving Homestead Rights"?

    The waiving of homestead rights occurs when a spouse or child disclaims in writing any interest they have in the homestead property resulting from the death of a spouse or parent.

  • Vermont Government Homestead Act

    A homestead is a property owner's primary residence. US Legal states that homestead laws are designed to protect the property owner. Each state can set specific values and rules regarding property that may be declared as a homestead.

  • Westward Expansion Homestead Act

    The Homestead Act of 1962 is significant in American history because it lead to the claiming and settlement of around 10 percent of the United States. The Act was instrumental in settling the American West and, later, Alaska.

  • Homestead Act of 1839

    The Texas Homestead Act of January 26,1839, was enacted to prevent homelessness of families resulting from failure to pay outstanding debts. A landmark of jurisprudence, the act was written into the state constitution in 1845 to specifically exempt the foreclosure or forced sale of the debtor's home and included provisions protecting the homeowner's land and tools used to earn a living.

  • Homestead Act in Canada

    Canada did not have a Homestead Act, however, they did have the Dominion Lands Act of 1872. This was similar to the Homestead Act in the United States and allowed settlers to gain land for a nominal fee.

  • The Terms of the Homestead Act

    Passed in 1862, the Homestead Act gave millions of acres to American citizens. Much of the land in the western United States went unsettled as many people of the time could afford neither the cost of the land nor the price of developing it. As a way of encouraging western migration and settlement, the government gave the land, in lots of 160 acres, to eligible citizens.

  • The Maryland Homestead Act

    Maryland's Homestead Tax Act was enacted to help homeowners pay property taxes on large increases in property assessments. The homestead credit limit's the increase in property taxes to a fixed percentage each year.

  • The Connecticut Homestead Act

    Homestead exemption acts are active in most states. They are designed to protect homeowners from creditors and provide the right to stay in the home for the surviving spouse, minor children and unmarried children of a deceased owner. States differ on what debts the home is protected from and the monetary value that can be exempted.

  • California Homestead Act Laws

    The California Homestead Act protects a portion of the homeowner's equity interest, up to a specific dollar amount, from judgment creditors. The regulation provides exceptions for banks and mortgage companies because the property is used as collateral for the loan.

  • Virginia Homestead Act

    The Virginia Homestead Act helps homeowners in debt stay in their homes. The act states that most creditors cannot take, or repossess, homes to collect on debt. Those creditors that can take homes to collect on debt must give the homeowner money from the value of the home, personal items of value in the home or a combination of both. This is called a "homestead exemption." All homeowners in Virginia automatically qualify for this exemption but must claim it in writing if and when they need it.

  • The Homestead Act for African Americans

    The Homestead Act allowed African Americans an opportunity to farm land and eventually own the land, if they met certain requirements. The Homestead Act was signed into law by Abraham Lincoln and became effective on Jan. 1, 1863.

  • Facts About the Homestead Act of 1862

    The Homestead Act was signed into law by President Abraham Lincoln on May 20, 1862. It transferred 160 acres of unsettled land to settlers after a five-year period and payment of $18.

  • The Southern Homestead Act

    The Southern Homestead Act was passed in 1866 to open public land in the deep south for homesteading. However, John M. Herrick and Paul H. Stuart, the authors of "Encyclopedia of Social Welfare History in North America," write that the program was not a success.

  • What Are the Five Points of the Homestead Act?

    The homesteading act was signed by Abraham Lincoln on May 20, 1862 and governed the distribution of unoccupied public land on payment of a small fee. Previously the government had sold land to the public as a form of making money, however public pressure to make land more accessible for settlers forced the government to sign the Homestead Act.

  • Vermont's Homestead Act

    The Vermont Homestead Act can be found in Title 27, Chapter 3 of the Vermont Code. It protects an individual's primary dwelling from liens and executions up to a certain value. It also gives the owner a tax benefit.

  • How to File for the Homestead Act

    The Homestead Act used to, for the most part, refer to a federal law that granted United States citizens title to underdeveloped government land outside of the original thirteen colonies. The modern day Homestead Act, or homestead exemption, refers primarily to a state law that protects a homeowner’s equity in their primary residence from some forms of judgment liens and levies. A homestead exemption can also refer to a state provision that allows for a portion of a property's value to qualify for tax exemption. The particulars of the law vary from state to state.

  • The Kentucky Homestead Act

    The New Homestead Act of 2005 was introduced in the U.S. Senate as Senate Bill 675. It was, however, never enacted into law. Although, it is still a priority issue, according to Kentucky’s Congressional candidates for 2010. The Act set out to bolster rural communities by offering incentives for people that live and establish businesses in them.

  • The West Virginia Homestead Act

    The West Virginia Homestead Act provides a property tax break for citizens 65 years of age and older. The tax break is also offered for totally and permanently disabled citizens in West Virginia. The tax reduction only applies to home owners. A person claiming the exemption must live in West Virginia for two consecutive years before filing the claim with the county assessor.

  • The American Homestead Act

    For those of us living through the housing bubble of the late 2000s it might be hard to imagine the government giving away land, but that is what it did in 1862 with the passage of the Homestead Act. Citizens were given a 160-acre plot for free so long as they lived there and improved the land.

  • Benefits of the Homestead Act

    Approved in 1862, the Homestead Act gave land to Americans who agreed to improve and live on the property. About 270 million acres--10 percent of the United States--were given away through this act. By making the land free to owners who would develop it, the United State government promoted the nation's development of the west and created opportunity for its citizens. Called one of the most important pieces of American legislation, it helped guide the growth of America in the 19th century.

  • Kansas Homestead Act

    To encourage Western migration, President Abraham Lincoln signed the original Homestead Act into law in 1862. It allowed an applicant to occupy up to 160 acres of undeveloped public land outside of the 13 colonies. In no other place or time would such a vast amount of land be populated so quickly.

  • Definition of Homestead Act

    The Homestead Act made undeveloped government land available to individuals contingent on living on and developing the land. The homesteader would be given 160 acres and required to build a home on the property, grow crops and live there for at least five years.

  • The Homestead Exclusion Act in Pennsylvania

    The homestead exclusion is property tax relief for homeowners who have their permanent residence in the taxing jurisdiction. A taxing jurisdiction is a school district, county or municipality. Basically, the homestead exclusion lowers the assessed values of the property, which in turn reduces the property tax on the home.

  • The Homestead Act in Michigan

    In 2003 the Michigan Legislature passed Public Act 105, the result of several amendments to the Homestead Property Tax Credit Act of 1973. The Act allows qualified Michigan homeowners and renters to save money on their property taxes based on a comparison of household income and the amount of property taxes or the amount of monthly rent.

  • What Is the Homestead Act for California Residents?

    A homestead is the one primary residence of an individual. A homestead exemption protects a certain amount of equity in your home from being taken away in the event you are sued or other monetary judgments are awarded against you. Such protection is embedded in the California Constitution. Detailed regulations pertaining to the homestead exemption are contained in the California Code of Civil Procedure.

  • Homestead Act in Utah

    The Homestead Act of Utah refers to Utah Code § 78B-5-503, 504. This act gives an allowance for your primary personal dwelling (the home you live in most of the time) if you file a bankruptcy given that the residence fits the criteria of what is "reasonable." This statute covers single family homes and mobile homes. This act is an uncommon state regulation on bankruptcy, as most bankruptcy-related law is federal.

  • Homestead and Reclamation Acts

    Separate acts of Congress designed to help encourage farmers to settle in undeveloped western areas of the United States--the Homestead Act of 1862 and the Reclamation Act of 1902--enabled settlers to acquire title to government land and then developed a mechanism to create irrigation systems that turned arid and semi-arid lands into farm country.

  • Maryland Homestead Credit Act

    Maryland's Homestead Tax Credit was established to assist homeowners who faced large increases in the assessment of their principal residence. The credit limits the increase in taxable assessments each year to a fixed percentage, according to the Maryland Department of Assessment and Taxation. Local governments are limited to no more than 10 percent taxable assessment increases per year. The credit is calculated on any assessment increase exceeding 10 percent, or the lower cap enacted by the local governments, from year to year.

  • Homestead Act of Wyoming

    The Wyoming Homestead Act is part of the Wyoming Code of Civil Procedure, specifically found at Chapter 20 of that section of the state's laws. The Wyoming Homestead Act is designed to provide Wyoming consumers with certain protections from creditors of all types. The protections enumerated in the act extend to bankruptcy cases filed in Wyoming.

  • Arkansas Homestead Act

    The Arkansas Homestead Act is a law designed to provide residents with certain protections against creditors. Indeed, the extent of the exemption provided for homestead property under Arkansas law is broad. The Arkansas homestead exemption plays a particularly important role in bankruptcy cases.

  • Homestead Act for California

    Under its homestead act, California, like most states, protects a homeowner's equity in his primary residence against loss to creditors. Homestead exemptions automatically exist to protect any equity a homeowner has accumulated if a court orders his home sold at auction to satisfy a judgment. For further protection, a homeowner can file a homestead declaration to preserve the equity in his home if he sells it voluntarily in order to satisfy a debt. The advantage of selling a home voluntarily is that you are more likely to get top dollar for your house than if it is sold at auction…

  • Canadian Homestead Act

    The Dominion Lands Act of 1872 is the Canadian counterpart to the U.S. Homestead Act of 1862. The Canadian government aimed to promote settlement and railway construction in the Northwest and Manitoba territories purchased from the Hudson's Bay Company through the act. Specific homesteading policies written into the Dominion Lands act encouraged settlers to establish their homes in Western Canada.

  • The History of Illegal Monopolies

    Illegal monopolies are business combinations that have gained total control over the production, sale and distribution of specific goods or services. In general, a single company buys up its competitors, or drives them out of business. Such enterprises frequently employ underhanded tactics to take over their respective markets. Monopoly control usually results in higher consumer prices. Monopolies have been illegal in the United States since 1890.

  • How to Protect Your Home with a Declaration of Homestead

    Several States have laws that protect the equity in your home being claimed by creditors in lawsuits. This is called the Declaration of Homestead. Note that is not the Homestead Act, but instead will allow exemption from creditors claims obtained in lawsuits. For example, if you have filed a Declaration of Homestead and are sued for an automobile accident or an negligent accident on your property, this legal exemption will protect your home equity up to a certain dollar amount.

  • The Homestead Act

    The Homestead Act was a United States federal law, signed into law by President Abraham Lincoln in May 1862, that allowed applicants to obtain title rights to 160 acres of land in regions located outside the original 13 colonies. Ultimately, from 1862 to 1986, the Homestead Act resulted in the privatization of 10 percent of all U.S. land, equivalent to 270 million acres (420,000 square miles).

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