Homestead Declaration — District of Columbia

DECLARATION OF HOMESTEAD — DISTRICT OF COLUMBIA

TABLE OF CONTENTS

1. Recording Header
2. Identification of Declarant
3. Identification of the Homestead Property
4. Statutory Basis for Homestead Claim
5. Declaration of Principal Residence
6. Domicile and Acquisition Disclosures (Bankruptcy-Specific)
7. Encumbrances Not Impaired by This Declaration
8. Reservation of Rights
9. Execution and Acknowledgment
10. Sources and References

1. Recording Header

2. Identification of Declarant

3. Identification of the Homestead Property

3.1 Street Address and Tax Parcel

3.2 Form of Property Interest

The Property consists of (check one):

☐ Fee simple title in real property
☐ Cooperative-apartment proprietary lease and stock interest
☐ Condominium unit and undivided common-element interest
☐ Burial plot purchased for the Declarant or a dependent
☐ Other [_____________________________]

3.3 Vesting Reference

Title to the Property is vested in the Declarant by the following recorded instrument:

3.4 Legal Description

[Insert the legal description from the recorded vesting deed verbatim. Continue on attached Exhibit A if length requires. Sample: "Lot ____ in Square ____ in a subdivision made by ____, as per plat recorded in the Office of the Surveyor for the District of Columbia in Liber ____ at Folio ____."]

[_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________]

4. Statutory Basis for Homestead Claim

The Declarant claims the homestead exemption afforded by D.C. Code § 15-501(a)(14), which exempts from distraint, attachment, levy, seizure, and sale on execution or decree of any court in the District of Columbia:

"the debtor's aggregate interest in real property used as the residence of the debtor, or property that the debtor or a dependent of the debtor in a cooperative housing organization … uses as a residence, or in a burial plot for the debtor or a dependent of the debtor …"

The exemption is unlimited in dollar amount under D.C. law. The Declarant acknowledges that the exemption is subject to the federal limitations described in Section 7 below and in 11 U.S.C. §§ 522(o), 522(p), and 522(q).

5. Declaration of Principal Residence

The Declarant, under penalty of perjury under the laws of the District of Columbia, DECLARES:

5.1 The Property described in Section 3 is the actual, current, and principal residence of the Declarant [☐ and of the following dependents: ____________________________].

5.2 The Declarant occupies the Property continuously, intends to remain in occupancy indefinitely, and has not abandoned the Property.

5.3 The Declarant maintains no other residence claimed as a homestead under the law of the District of Columbia or of any other State.

5.4 The Declarant's principal mailing address, voter registration, driver's license or D.C. ID, motor-vehicle registration, and federal/State tax filings reflect the Property as the Declarant's primary residence, except as expressly noted: [_____________________________].

5.5 No portion of the Property is held in trust to defraud creditors, and no transfer of non-exempt property into the Property has been made within the past ten (10) years with intent to hinder, delay, or defraud any creditor within the meaning of 11 U.S.C. § 522(o).

6. Domicile and Acquisition Disclosures (Bankruptcy-Specific)

6.1 — 11 U.S.C. § 522(b)(3)(A) — 730-Day Domicile

6.2 — 11 U.S.C. § 522(p) — 1,215-Day Acquisition Window

The Declarant acknowledges that under 11 U.S.C. § 522(p), in any bankruptcy case filed within 1,215 days of acquisition, the homestead exemption is capped at $214,000 (cap in effect for cases filed April 1, 2025 through March 31, 2028) regardless of D.C. law.

6.3 — 11 U.S.C. § 522(q) — Bad-Acts Cap

If "Yes" to either, the homestead exemption is capped at $214,000 under 11 U.S.C. § 522(q).

7. Encumbrances Not Impaired by This Declaration

This Declaration does not impair, discharge, or affect the priority of any of the following interests in the Property, all of which remain enforceable in accordance with their terms and applicable law:

7.1 Any deed of trust or mortgage of record;
7.2 Any mechanic's lien perfected under D.C. Code § 40-301.01 et seq.;
7.3 Any tax lien (federal, D.C., or special-assessment);
7.4 Any properly recorded condominium or cooperative assessment lien;
7.5 Any obligation for spousal support, child support, or D.C. or federal court-ordered restitution;
7.6 Any judgment lien properly perfected against the Declarant prior to the date this Declaration is recorded.

The Declarant lists the following currently outstanding encumbrances on the Property:

8. Reservation of Rights

8.1 This Declaration is made without prejudice to any other exemption, right, or defense available to the Declarant under D.C. Code § 15-501, the Bankruptcy Code, the U.S. Constitution, or otherwise.

8.2 The Declarant reserves the right to amend, supplement, revoke, or re-record this Declaration upon a change of facts.

8.3 The Declarant reserves the right to elect federal exemptions under 11 U.S.C. § 522(d) in any future bankruptcy case, in which event this Declaration shall be of evidentiary value only and shall not constitute an irrevocable election.

9. Execution and Acknowledgment

9.1 Execution by Declarant(s)

I/we declare under penalty of perjury under the laws of the District of Columbia that the foregoing is true and correct.

9.2 Notarial Acknowledgment

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

In witness whereof, I have set my hand and notarial seal.

9.3 Preparer Statement (D.C. Recorder of Deeds requirement)

This instrument was prepared by:

10. Sources and References

• D.C. Code § 15-501 — Exempt property of householder. https://code.dccouncil.gov/us/dc/council/code/sections/15-501
• D.C. Code § 42-401 et seq. — Recordation of deeds. https://code.dccouncil.gov/us/dc/council/code/titles/42/chapters/4/
• D.C. Code § 42-407 — Acknowledgments. https://code.dccouncil.gov/us/dc/council/code/sections/42-407
• 11 U.S.C. § 522 — Exemptions. https://www.law.cornell.edu/uscode/text/11/522
• D.C. Recorder of Deeds — Recording standards and fee schedule. https://otr.cfo.dc.gov/page/recorder-deeds
• 90 Fed. Reg. 5,884 (Jan. 17, 2025) — Triennial adjustment of bankruptcy dollar amounts (effective 4/1/2025–3/31/2028).

END OF DECLARATION