Such personal estate selected by the householder under § 34-4, 34-4.1, or 34-13 shall be set apart in a writing signed by him. He shall, in the writing, designate and describe with reasonable certainty the personal estate so selected and set apart and each parcel or article, affixing to each his cash valuation thereof. Such writing shall be admitted to record, to be recorded as deeds are recorded in the county or city wherein such householder resides. However, if such personal estate is claimed exempt in a case filed under Title 11 of the United States Code, the official Schedule of Property Claimed as Exempt filed in the United States Bankruptcy Court claiming such exemptions shall be sufficient to set apart such property as exempt.

Terms Used In Virginia Code 34-14

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
  • Creditor process: means all methods used by creditors to collect unsecured debts. See Virginia Code 34-1
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Exempt: means protected from all forms of creditor process. See Virginia Code 34-1
  • Exemption: means protection from all forms of creditor process. See Virginia Code 34-1
  • Householder: means any resident of Virginia. See Virginia Code 34-1
  • Personal estate: includes chattels real and such other estate as, upon the death of the owner intestate, would devolve upon his personal representative. See Virginia Code 1-233
  • Personal property: All property that is not real property.
  • United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255

The following form, or one which is substantially similar, shall be used and shall be sufficient, when duly admitted to record in the county or city in which the householder resides, to exempt such described personal property from creditor process:

HOMESTEAD DEED FOR PERSONAL PROPERTY

Name of Householder __________________

Is the householder a disabled veteran entitled to claim the additional exemption under § 34-4.1? ________________

Address of Householder __________________

Name(s) and age(s) of dependent(s) __________________

County/city in which householder resides ____________________________________________________________

Description of property claimed as exempt and its value

__________________

__________________

Number of homestead deeds that have been filed by the Householder

__________________

Exemption amount previously claimed on prior homestead deeds

__________________

List the jurisdictions where previous homestead deeds were filed

__________________

__________________ (Signature of Householder)

__________________ [ACKNOWLEDGMENT]

Such writing or deed shall not be required to secure any exemption under this Code except those exemptions created by §§ 34-4, 34-4.1 and 34-13.

Code 1919, § 6540; 1990, c. 942; 1993, c. 150; 2010, c. 186; 2020, c. 328.

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