Oregon: Homestead Exemption Amounts

verified against the statute 2026-07-09 10 statute sources

The short answer

Oregon protects up to $158,300 of the equity in your home from an ordinary money judgment, a figure that rises for inflation every July 1 ($316,700 when two or more members of the same household are judgment debtors). Protection is automatic; there's nothing to record in advance. Oregon also caps the homestead by size, 160 acres in the country or one block in a city, and the exemption doesn't stop your mortgage lender, purchase-money debt, a contractor's lien for work on the home, or property taxes. One trap: if the judgment is for child or spousal support or includes restitution, the protected amount drops to just $40,000 ($50,000 for a household) and does not adjust for inflation.

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This is the general rule in Oregon. Ezel applies current Oregon law to your specific facts and answers with citations to the statutes.

Governing lawORS 18.395 ('Homestead exemption'), plus ORS 18.402 (size and value limits), ORS 18.406 (liens the exemption can't reach), and ORS 18.398 (child-support exception): all in ORS Chapter 18 (Judgments). Purely statutory. The dollar amount is set at $150,000/$300,000 in the statute but is indexed for inflation every July 1 by the State Court Administrator (ORS 18.395(1)(d)) and published on the Oregon Judicial Department website. Overhauled by 2024 SB 1595 (2024 Or. Laws ch. 100), effective Jan. 1, 2025
Exemption amount$158,300 of home equity for a single judgment debtor, or $316,700 for two or more judgment debtors in the same household: the amounts in effect July 1, 2026 through June 30, 2027. The statutory base is $150,000/$300,000 (ORS 18.395(1)(a)), raised each July 1 for the prior year's West-region CPI by the State Court Administrator, so the figure changes yearly on its own. For a debt from a child- or spousal-support obligation or a restitution money award, the exemption is only $40,000/$50,000 (ORS 18.395(1)(b)) and is NOT inflation-adjusted
Size or acreage limitYes. ORS 18.402 caps the homestead at 160 acres if it is outside a town or city laid off into blocks and lots, or at one block if inside one, and the land also may not exceed in value the applicable ORS 18.395 dollar amount. So Oregon limits by BOTH size and dollars (unlike Texas or Florida, which cap only by acreage). The exemption reaches a house, and also a manufactured dwelling or a floating home used as a residence (ORS 18.395(10))
Automatic, or do you have to file something?Automatic. ORS 18.395(1)(a) makes the exemption 'effective without the necessity of a claim thereof by the judgment debtor': nothing has to be recorded ahead of time. Oregon has no required or statutorily created 'homestead declaration'; you assert the exemption when a creditor tries to reach the home. Recording a voluntary declaration is only evidence of the claim and adds no separate legal protection the statute doesn't already give automatically
Who qualifies, and can spouses double it?The homestead must be the actual abode of and occupied by the owner, or the owner's spouse, parent, or child (ORS 18.395(1)(c)); a temporary absence with intent to return doesn't defeat it. A single judgment debtor gets $158,300. When two or more members of a household are judgment debtors, their combined exemption is capped at $316,700 (ORS 18.395(1)(a)): a couple can reach the higher figure but cannot stack beyond it
What it actually protects you fromMore than a bare forced-sale defense. The homestead is exempt 'from sale on execution, from the lien of every judgment and from liability in any form for the debts of the owner' up to the exemption amount (ORS 18.395(1)(a)), so a judgment lien attaches only to equity ABOVE the exemption, not to the protected portion. A separate rule bars selling the home on execution at all for a judgment of $3,000 or less (ORS 18.395(5)). When the home is sold or transferred, the owner can use the ORS 18.412 notice procedure to clear the judgment lien from the property
Debts that can still reach your homeBy ORS 18.406, the exemption does not apply to a construction lien for work, labor, or materials furnished to improve the homestead itself; to purchase-money liens; to a mortgage or trust deed you lawfully signed; or to a seller's enforcement of a land-sale contract. Property taxes and other governmental tax liens (including federal tax liens) reach the home under general law. And under ORS 18.398 a court has discretion to deny the exemption, in whole or part, when the judgment is for child support
Protection for sale proceedsYes, and longer than most states. Under ORS 18.395(2), the cash proceeds of a homestead sale stay exempt (up to the same $158,300/$316,700 amount) for up to one year after the sale, so long as you hold them intending to buy another homestead. Oregon's one-year window is more generous than the six months common in states like California and Texas

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Requirements one by one

Governing law

Oregon's creditor homestead exemption lives in ORS Chapter 18 (Judgments). The core rule is ORS 18.395 ("Homestead exemption"). Three neighboring sections fill it out: ORS 18.402 sets the size and value limits, ORS 18.406 lists the liens the exemption can't touch, and ORS 18.398 lets a court deny the exemption in a child-support case. It's entirely statutory, there's no constitutional homestead provision in Oregon. The whole scheme was overhauled by 2024 Senate Bill 1595 (the Family Financial Protection Act, 2024 Or. Laws ch. 100), whose exemption changes took effect January 1, 2025.

Exemption amount

$158,300 of home equity for a single judgment debtor, or $316,700 for two or more judgment debtors in the same household. Those are the amounts in effect from July 1, 2026 through June 30, 2027. Here's the catch that makes Oregon different from most states: the statute sets a base of $150,000/$300,000, but ORS 18.395(1)(d) directs the State Court Administrator to raise those figures every July 1 for the prior year's cost of living (the West-region Consumer Price Index) and publish the adjusted numbers on the Oregon Judicial Department website. So the protected amount climbs on its own each year with no new legislation, always confirm the current figure against the Judicial Department's published table rather than the bare statutory number.

One important exception to the amount: if the debt arises from a child- or spousal-support obligation, or from a money-award judgment that includes restitution, the exemption is only $40,000 for a single debtor and $50,000 for a household (ORS 18.395(1)(b)), and that lower amount is expressly excluded from the annual inflation adjustment.

Size or acreage limit

Yes, Oregon limits the homestead by size in addition to dollars. Under ORS 18.402, if the property is outside a town or city that's laid off into blocks and lots, the homestead can be up to 160 acres; if it's inside such a town or city, it's capped at one block. On top of that, the land "may not exceed in value the applicable amount specified in ORS 18.395." So both limits apply at once: a value cap ($158,300/$316,700) and a size cap. That's a different shape from Texas or Florida, which cap only by acreage and protect the home's full value. The exemption isn't limited to a conventional house, either, it also covers a manufactured dwelling or a floating home used as a residence (ORS 18.395(10)).

Automatic, or do you have to file something?

Automatic. ORS 18.395(1)(a) says the exemption is "effective without the necessity of a claim thereof by the judgment debtor", you don't record a declaration or file anything in advance. You raise the exemption when it matters, typically when a creditor tries to force a sale or otherwise reach the home. Oregon has no statutory "homestead declaration" of the kind California uses. You can record a voluntary declaration if you want a paper record of the claim, but doing so doesn't give you any protection beyond what the statute already provides automatically, unlike in California, where recording changes whether a lien can attach in the first place.

Who qualifies, and can spouses double it?

Any owner whose property is the actual abode of, and occupied by, the owner or the owner's spouse, parent, or child (ORS 18.395(1)(c)). A temporary absence, if you intend to come back, doesn't defeat the exemption. On doubling: a single judgment debtor gets the full $158,300. When two or more members of a household are judgment debtors, their combined exemptions are capped at $316,700. So a married couple can reach the higher amount together, but they can't stack the exemption beyond that ceiling.

What it actually protects you from

Oregon's exemption is stronger than a bare forced-sale defense. The homestead is exempt "from sale on execution, from the lien of every judgment and from liability in any form for the debts of the owner" up to the exemption amount (ORS 18.395(1)(a)). That means a judgment lien attaches only to your equity above the exemption, not to the protected portion. There's also a floor: a home that's your residence generally can't be sold on execution at all to satisfy a judgment of $3,000 or less (ORS 18.395(5)), though the judgment stays a lien and can be enforced later if you sell or move out. And when you sell or transfer the home, ORS 18.412 gives you a notice procedure to clear the judgment lien from the property.

Debts that can still reach your home

ORS 18.406 spells out what the exemption does not block: a construction lien for work, labor, or materials furnished to improve the homestead itself; a purchase-money lien; a mortgage or trust deed you lawfully signed; and a seller's enforcement of a land-sale contract. In plain terms, the debts tied to buying, financing, or improving the home aren't stopped by the homestead exemption. Property taxes and other governmental tax liens, including federal tax liens, can also reach the home under general law. Finally, ORS 18.398 gives a court discretion to deny the exemption, in whole or part, when the judgment is for child support.

Protection for sale proceeds

Yes, and Oregon's window is longer than most. Under ORS 18.395(2), the cash you receive from selling your homestead stays exempt, up to the same $158,300/$316,700 amount, for up to one year after the sale, as long as you hold the money intending to buy another homestead. Many states protect sale proceeds for only six months (California and Texas, for example), so Oregon's full year gives a homeowner more time to reinvest before the protection lapses.

What trips people up

The biggest source of confusion is the phrase "homestead exemption" itself. This one protects your home equity from creditors. Oregon also has completely separate programs that lower or defer property taxes for seniors, disabled homeowners, and disabled veterans, those have nothing to do with creditors, and news about a "homestead" tax break is not about this exemption. Second, don't rely on the bare statutory number. The statute still says $150,000/$300,000, but the amount actually in force is higher because it's indexed every July 1; check the Judicial Department's current table. Third, watch the support-and-restitution carve-out: if the judgment against you is for child or spousal support or includes restitution, your protection collapses to $40,000/$50,000. Finally, remember the exemption doesn't touch the mortgage, purchase-money debt, or a contractor's lien for work on the home, those can still be enforced against the house.

Common questions

How much of my home is protected from creditors in Oregon? As of July 1, 2026, $158,300 of equity for one person, or $316,700 for two or more judgment debtors in the same household. The amount goes up for inflation each July 1, so confirm the current figure before relying on it.

Do I have to file a homestead declaration? No. The exemption is automatic and applies without any filing. You assert it when a creditor tries to reach the home. Recording a voluntary declaration adds no legal protection you don't already have.

Can a creditor still force the sale of my house? Only to reach equity above the exemption amount, and not at all for a judgment of $3,000 or less while it's your residence. Below the exemption, a judgment lien doesn't attach to the protected equity. But your mortgage, purchase-money debt, a contractor's improvement lien, and property taxes are not blocked.

Why does the amount keep changing? Because ORS 18.395(1)(d) ties it to the cost of living. The State Court Administrator recalculates the exemption every year based on the West-region Consumer Price Index and publishes the new figure, effective each July 1.

Statutes and sources

  • ORS 18.395 (Homestead exemption, amount, automatic effect, occupancy, indexing, proceeds, $3,000 floor, manufactured/floating homes), https://www.oregonlegislature.gov/bills_laws/ors/ors018.html (accessed 2026-07-09)
  • ORS 18.402 (Limitations on homestead exemption, 160 acres/one block and value cap), https://www.oregonlegislature.gov/bills_laws/ors/ors018.html (accessed 2026-07-09)
  • ORS 18.406 (Exemption not applicable to certain liens, mortgages and interests), https://www.oregonlegislature.gov/bills_laws/ors/ors018.html (accessed 2026-07-09)
  • ORS 18.398 (Denial of homestead exemption when judgment is for child support), https://www.oregonlegislature.gov/bills_laws/ors/ors018.html (accessed 2026-07-09)
  • Oregon Judicial Department, Homestead Exemption, Annual Adjustment table (current $158,300/$316,700 amounts, effective July 1, 2026), https://www.courts.oregon.gov/Documents/Homestead-Garnishment-Exemption-Adjustments-Table.pdf (accessed 2026-07-09)

Source links

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

ORS 18.395(1)(a) · accessed 2026-07-09
ORS 18.395(1)(b) · accessed 2026-07-09
ORS 18.395(1)(c) · accessed 2026-07-09
ORS 18.395(1)(d)(A) · accessed 2026-07-09
ORS 18.395(2) · accessed 2026-07-09
ORS 18.395(5) · accessed 2026-07-09
ORS 18.395(10) · accessed 2026-07-09
ORS 18.402 · accessed 2026-07-09
ORS 18.406 · accessed 2026-07-09
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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