Homestead Exemption Amounts in Maine

Short answer Maine currently protects $94,300 of residence equity, or $188,550 when the debtor or a dependent is at least 60 or disabled or when minor dependents principally live there; those are the inflation-adjusted figures, not the lower base amounts printed in the statute. The protection is automatic and has no acreage limit, while joint ownership triggers fractional-share caps. Exempt sale proceeds remain protected for 12 months for reinvestment in a residence, but fraudulent conveyances and judgments for torts beyond ordinary negligence are excluded.
State
Maine
Statute checked
August 10, 2026
Sources
4 statutes

At a glance

Governing law14 M.R.S. §§ 4422(1), 4426; residence exemption from attachment and execution, with current amounts set by Me. Sup. Jud. Ct. Admin. Order JB-24-02
Exemption amount$94,300 ordinary tier; $188,550 if debtor/dependent is 60+ or disabled, or minor dependents principally reside there. Current order also adjusts the higher joint-fraction base to $282,800
Size or acreage limitNo acreage limit; covers qualifying real or personal residence property, a cooperative residence, and a burial plot (§ 4422(1)(A))
Automatic, or do you have to file something?Automatic statutory exemption; § 4422 states no advance declaration or recording condition
Who qualifies, and can spouses double it?Debtor or dependent uses property as residence. Joint interest is limited to the lesser of the applicable individual amount or the debtor's fractional share multiplied by $188,550/$282,800; no simple doubling
What it actually protects you fromResidence equity up to the applicable amount is exempt from attachment and execution; amount is fixed at the exemption in effect when the creditor's lien was recorded (§ 4422(1)(E))
Debts that can still reach your homeExpress exclusions: fraudulently conveyed property and judgments based on torts involving more than ordinary negligence (§ 4422 opening clause and (1)(D))
Protection for sale proceedsExempt sale proceeds, and money returned under Title 36, § 943-C, remain exempt for 12 months from receipt for reinvestment in a residence (§ 4422(1)(C))

Requirements one by one

The court order supplies the current dollar figures

The figures printed in 14 M.R.S. § 4422(1) are statutory bases, not the current operative amounts. The section requires periodic inflation adjustments, and Maine Supreme Judicial Court Administrative Order JB-24-02 sets the present Residence amounts at $94,300, $188,550, and $282,800. The order took effect October 24, 2024 and says it applies the required three-year adjustment immediately.

The ordinary $94,300 tier applies subject to paragraph B. The $188,550 tier applies when the debtor or a dependent is at least 60 or meets the stated disability test; paragraph A also uses the higher tier when minor dependents have their principal residence with the debtor.

Joint ownership uses fractional-share formulas

Section 4422(1)(A) limits a joint owner's exemption to the lesser of the ordinary individual amount or the owner's fractional share multiplied by the adjusted $188,550 amount. Paragraph B uses the lesser of the higher individual amount or the fractional share multiplied by the adjusted $282,800 amount. These formulas do not give each co-owner an unrestricted full exemption.

Paragraph B also preserves the maximum after one joint owner dies in two stated age combinations involving a deceased owner age 67 or older and a surviving owner age 60 or older.

The proceeds window is for residential reinvestment

Under § 4422(1)(C), the exempt portion of sale proceeds, and specified money returned under the cited tax-sale provision, remains exempt for 12 months from receipt for purposes of reinvesting in a residence within that period. Paragraph E separately freezes the claim at the exemption amount in effect when the creditor's lien was recorded.

Section 4422's opening clause excludes fraudulently conveyed property, and paragraph D excludes judgments based on torts involving more than ordinary negligence. Section 4426 confirms that Maine uses its state exemption scheme in bankruptcy rather than the federal exemption list, subject to its stated exception.

What trips people up

Reading only the statutory $80,000 and $160,000 bases understates current law. The adjustment clause and JB-24-02 must be read together. A second trap is the lien-date rule: a later inflation adjustment does not enlarge the amount available against a lien already recorded under § 4422(1)(E).

Common questions

Does Maine require a recorded homestead declaration?

Section 4422 makes qualifying property exempt from attachment and execution and states no advance declaration or recording condition.

Is there an acreage limit?

No acreage limit appears in § 4422(1)(A); the protection is controlled by the applicable dollar and fractional-share limits.

How long are sale proceeds protected?

Twelve months from receipt, for purposes of reinvesting in a residence within that period.

Statutes and sources

  • 14 M.R.S. § 4422 — residence property, base amounts, joint-owner rules, proceeds, exclusions, lien-date rule, and indexing. Maine Legislature (accessed 2026-08-10).
  • Me. Sup. Jud. Ct. Admin. Order JB-24-02 — current inflation-adjusted amounts. Maine Judicial Branch (accessed 2026-08-10).
  • 14 M.R.S. § 4426 — bankruptcy exemption election. Maine Legislature (accessed 2026-08-10).

Source links

Every statute quoted above, linked, with the date we checked it.

14 M.R.S. § 4422(1) · accessed 2026-08-10
14 M.R.S. § 4422 (indexing clause) · accessed 2026-08-10
14 M.R.S. § 4426 · accessed 2026-08-10
This page is general legal information about the state-law homestead exemption that protects home equity from an ordinary money judgment, not legal advice about a specific debt or property. Whether your particular situation qualifies, how a court or sheriff will apply the exemption to your case, and how a separate bankruptcy filing might change your options often depend on facts this page cannot resolve for you. Verified against the official constitutional or statutory text on the date shown; confirm current law or consult a licensed attorney before relying on it.

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