Connecticut Homestead Declaration (Recordable Notice of Exempt Homestead)

Connecticut Homestead Declaration

Recordable Notice of Exempt Homestead Pursuant to CGS §§ 52-352a(5) and 52-352b(21)

Recording Information

Declaration

STATE OF CONNECTICUT
COUNTY OF [_______________]
TOWN OF [_______________]

The undersigned declarant(s), being duly sworn, depose and state:

1. Declarant Identification

2. Description of the Homestead

The property which is the subject of this Declaration (the "Homestead") is described as follows:

3. Legal Description

The Homestead is more particularly described as follows (insert metes-and-bounds or condominium / co-op legal description from deed; attach Exhibit A if lengthy):

[________________________________________________________________________]
[________________________________________________________________________]
[________________________________________________________________________]
[________________________________________________________________________]
[________________________________________________________________________]

☐ See Exhibit A attached and incorporated herein by reference.

4. Ownership and Occupancy

The declarant(s) hereby declare that:

(a) The declarant(s) own the Homestead as: ☐ sole owner ☐ tenants in common ☐ joint tenants with right of survivorship ☐ tenants by the entirety (if recognized) ☐ life tenant / remainder ☐ other: [____].

(b) The declarant(s) occupy the Homestead as their primary residence within the meaning of CGS § 52-352a(5).

(c) Date occupancy as primary residence began: [__/__/____].

(d) The declarant(s) have not abandoned the Homestead and have no present intention to abandon it.

(e) The declarant(s) maintain no other principal residence.

5. Claim of Homestead Exemption

Pursuant to CGS § 52-352b(21), the declarant(s) hereby assert and claim a homestead exemption in the Homestead in the amount of two hundred fifty thousand dollars ($250,000) of equity, with value determined as the fair market value of the real property less the amount of any statutory or consensual lien which encumbers it.

The declarant(s) acknowledge that the homestead exemption is automatic under Connecticut law and that this Declaration is recorded to provide record notice of the claim and is not a condition of the exemption.

6. Two Owner-Exemptioners (Stacking)

☐ Two declarants each occupy the Homestead as a primary residence and each is an exemptioner. Each declarant claims a separate $250,000 exemption pursuant to CGS § 52-352b(21), for a combined claimed exempt equity of $500,000.

☐ Only one declarant is an exemptioner; combined claim is $250,000.

7. Equity Snapshot (Non-Binding)

For informational purposes only:

8. Statutory Exception (Acknowledgment)

The declarant(s) acknowledge that under the proviso to CGS § 52-352b(21), the homestead exemption is reduced to seventy-five thousand dollars ($75,000) as against any money judgment arising out of (a) a claim of sexual abuse or exploitation of a minor, (b) sexual assault, or (c) other wilful, wanton, or reckless misconduct committed by a natural person.

☐ The declarant(s) are aware of no such judgment that has been entered or that is reasonably anticipated against them.

☐ The declarant(s) disclose the following such judgment(s): [________________________________]

9. No Waiver of Exemption

This Declaration does not waive any other exemption available to the declarant(s) under Connecticut or federal law, including without limitation those in CGS §§ 52-352a, 52-352b, 52-321, 52-321a, and 52-361a, or under 11 U.S.C. § 522.

10. Federal Alternative (Bankruptcy Disclosure)

The declarant(s) understand that Connecticut has not opted out of the federal exemption scheme. Should the declarant(s) file a petition under Title 11 of the United States Code, the declarant(s) may elect either (a) the Connecticut state exemptions described above, or (b) the federal exemptions in 11 U.S.C. § 522(d), pursuant to 11 U.S.C. § 522(b). The federal homestead exemption is significantly smaller than the Connecticut homestead exemption (currently $31,575 per debtor for cases filed April 1, 2025 through March 31, 2028; verify current amount). The election is made at the time of filing on Schedule C and may not be split between systems. The declarant(s) further acknowledge the 1,215-day federal cap on state homestead claims under 11 U.S.C. § 522(p).

11. Effect of Recording

Upon recording in the land records of the Town of [________], this Declaration shall serve as constructive notice to all persons of the declarant(s)' claim of homestead exemption in the Homestead. Recording does not:

(a) create or extend the exemption beyond the statutory $250,000 cap;
(b) defeat any consensual lien (mortgage, deed of trust) granted by the declarant(s);
(c) defeat any statutory lien for real estate taxes, water and sewer charges, or mechanic's lien properly perfected before this Declaration;
(d) defeat any properly perfected judicial lien recorded before this Declaration;
(e) waive or limit the declarant(s)' right to elect federal exemptions under 11 U.S.C. § 522(d) in any subsequent bankruptcy filing.

12. Continuing Effect

This Declaration shall remain effective so long as at least one declarant continues to own and occupy the Homestead as a primary residence. Upon transfer of all ownership interests, abandonment of the Homestead, or filing of a written revocation by all declarants on the same land records, this Declaration shall be of no further force or effect.

13. Revocation of Prior Declaration (if any)

☐ No prior homestead declaration has been recorded by the declarant(s) on this Homestead.

☐ The declarant(s) hereby revoke and supersede the homestead declaration recorded at Volume [____], Page [____] of the [______________] Town Land Records on [__/__/____], and substitute this Declaration in its place.

Signatures

The declarant(s) sign this Declaration under penalty of false statement pursuant to CGS § 53a-157b on the date(s) set forth below.

Witnesses (CGS § 47-5)

Connecticut requires two witnesses for instruments conveying or affecting interests in real property. While this Declaration does not convey an interest, two-witness execution is the safer practice and is required by some town clerks for recordation.

Acknowledgment

STATE OF CONNECTICUT )
) ss: [_______________]
COUNTY OF [__________])

On this [____] day of [____________], 20[____], before me, the undersigned officer, personally appeared [________________________________] (and [________________________________]), known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed for the purposes therein contained.

In witness whereof I hereunto set my hand and official seal.

Exhibit A — Legal Description

[________________________________________________________________________]
[________________________________________________________________________]
[________________________________________________________________________]
[________________________________________________________________________]
[________________________________________________________________________]
[________________________________________________________________________]
[________________________________________________________________________]
[________________________________________________________________________]

Recording Checklist (For Use by Preparer)

☐ Confirmed Homestead is owner-occupied real property, co-op, or mobile manufactured home (CGS § 52-352a(5)).
☐ Confirmed at least one declarant occupies as primary residence.
☐ Reviewed deed, mortgage, and judgment records for senior encumbrances.
☐ Confirmed correct town for recording (CT records are by town, not county).
☐ Confirmed current recording fee with town clerk.
☐ Two witnesses present (CGS § 47-5).
☐ Notarized / acknowledged before Connecticut notary or Commissioner of the Superior Court.
☐ Exhibit A legal description attached and matches deed.
☐ Original delivered to town clerk; conformed copy retained for client file.
☐ Calendar reminder set to verify recording within 30 days.
☐ If joint case: each declarant signed.
☐ Considered whether 11 U.S.C. § 522(p) 1,215-day cap will limit homestead in any bankruptcy filed within 1,215 days of acquisition.
☐ Considered whether any pending or threatened sexual abuse / wilful misconduct claim triggers § 52-352b(21) $75,000 floor.

Sources and References

• Conn. Gen. Stat. § 52-352a (definitions, including "homestead"): https://www.cga.ct.gov/current/pub/chap_906.htm
• Conn. Gen. Stat. § 52-352b(21) (homestead exemption to $250,000): https://www.cga.ct.gov/current/pub/chap_906.htm
• Conn. Gen. Stat. § 52-350f (limit on enforcement of money judgment against exempt property): https://www.cga.ct.gov/current/pub/chap_906.htm
• Conn. Gen. Stat. § 47-5 (execution of conveyances; witnesses): https://www.cga.ct.gov/current/pub/chap_821.htm
• Conn. Gen. Stat. § 47-10 (recording of instruments affecting real property): https://www.cga.ct.gov/current/pub/chap_821.htm
• Public Act 21-161 (homestead increase, eff. Oct. 1, 2021): https://www.cga.ct.gov/2021/ACT/PA/PDF/2021PA-00161-R00HB-06466-PA.PDF
• In re Cole, 347 Conn. 284 (2023): https://www.jud.ct.gov/external/supapp/Cases/AROcr/CR347/347CR45.pdf
• 11 U.S.C. § 522 (federal exemption alternative; § 522(d)(1) homestead; § 522(p) 1,215-day cap; § 522(f) lien avoidance): https://www.law.cornell.edu/uscode/text/11/522
• U.S. Bankruptcy Court, District of Connecticut: https://www.ctb.uscourts.gov/