Exempt property is a term used to describe particular assets that are not subject to certain legal processes, such as bankruptcy or foreclosure. These types of assets – usually protected by federal or state law – may be kept, even during a time of financial difficulty or fiscal insolvency.
Common examples of exempt property include but are not limited to:
Household Items and Furnishings
Federal and state laws often ensure that basic household items, such as furniture, appliances, and clothing, are exempt from seizure or sale. This means that even when foreclosure or bankruptcy proceedings are taking place, individuals will retain their necessary items of ownership.
Retirement Accounts
Certain types of retirement accounts are generally deemed exempt property, protecting contributions made by individuals, over time, from being seized during certain types of legal proceedings.
Personal Injury or Workers Compensation Awards
If you’ve received a settlement in regard to a personal injury claim, certain amounts of those funds may be exempt from being included in a bankruptcy or foreclosure proceeding.
Income
Most states have laws that protect individuals from having a significant portion of their current income being put toward debts, preventing job loss during times of investigation or legal proceedings.
Insurance Benefits and Subscriptions
Most states and the federal government provide protection for certain insurance benefits, such as unemployment insurance, disability benefits and health insurance; as well as subscriptions, such as telephone and utilities.
The concept of exempt property is in place to protect individuals and families when they become subject to financial distress or distressful legal proceedings. When used properly, certain assets may remain in the possession and control of individuals and their families, ensuring that they can continue to take care of their basic needs during a stressful time.