What is A Virginia Homestead Deed?
A Homestead Deed in Virginia is a legal exemption under the Virginia Code that allows you to protect a meaningful amount of equity in your home, cash, wages, or other personal property from garnishment.
In order to protect your property under the Homestead Exemption in Virginia you are required to file a valid Homestead Deed, such as the one you can order on this site, with the appropriate Circuit Court in the correct format with the proper disclosure of information. This website is designed to help you do that.
As of 2026, an individual can protect $5,000 of equity, cash, or other personal property under Va. Code § 34-4 — or $10,000 if you are 65 or older — plus an additional $500 for each dependent. Separately, you can protect up to $50,000 in real or personal property used as your principal residence. A veteran with a service-connected disability rating of 40% or more can protect an additional $10,000 under Va. Code § 34-4.1, on top of the amounts above.
These are lifetime limits, not amounts that reset every eight years — once you use part of your exemption in a recorded Homestead Deed, that amount is subtracted from what you have left to use for the rest of your life. These figures are current as of July 2026 and will be adjusted for inflation starting April 1, 2027, and every three years after that, based on the Consumer Price Index.
There are other exemptions that may apply to protecting your property. However, this website is specifically designed and provides only information for exerting your homestead exemption primarily to protect garnished funds. Click this link to learn more about exemptions from a qualified attorney.
For a step-by-step walkthrough, watch our video guide: How to Create a Virginia Homestead Deed.
Related resources: what a valid homestead deed form must include, how a homestead deed compares to bankruptcy, and requesting a garnishment exemption hearing (Form DC-454).
A homestead deed is a legal exemption under the Virginia Code that lets a person protect equity in a home, cash, wages, or other personal property from garnishment. A valid homestead deed must be filed with the appropriate Circuit Court in the correct format with proper disclosure of information.
An individual can protect $5,000 of equity, cash, or other personal property under Va. Code § 34-4, or $10,000 if 65 or older, plus $500 per dependent. You can separately protect up to $50,000 in property used as your principal residence, and an eligible veteran with a 40% or greater service-connected disability can protect an additional $10,000 under Va. Code § 34-4.1. These are lifetime limits, not amounts that reset every eight years.
You are not legally required to have an attorney, but the deed must be prepared correctly, filed with the correct Circuit Court, and timed correctly relative to any garnishment, so most people use a Virginia-licensed attorney.