Delaware Homestead Declaration (Recordable)

Delaware Homestead Declaration

Recording Header

PREPARED BY AND AFTER RECORDING RETURN TO:

Tax Parcel / Map ID: [__________]

County of Recording: ☐ New Castle ☐ Kent ☐ Sussex

Reference to prior deed: Book [______], Page [______], Instrument No. [______], recorded [__/__/____]

Caption

DECLARATION OF HOMESTEAD

STATE OF DELAWARE
COUNTY OF [____________________]

I, [DECLARANT FULL LEGAL NAME], and (where applicable) my spouse, [CO-DECLARANT FULL LEGAL NAME], being first duly sworn, depose and declare as follows:

1. Identity and Capacity

1.1 I am over the age of eighteen (18), competent to make this Declaration, and have personal knowledge of the facts stated herein.

1.2 I am domiciled in the State of Delaware. I established Delaware domicile on [__/__/____] with the present intention of remaining in Delaware indefinitely.

1.3 ☐ I file this Declaration individually.
☐ I file this Declaration jointly with my spouse, [CO-DECLARANT NAME], with whom I hold title as ☐ Tenants by the Entireties ☐ Joint Tenants with Right of Survivorship ☐ Tenants in Common.

2. Description of the Homestead Property

2.1 The property that is the subject of this Declaration (the "Homestead Property") is real property, or a manufactured home, located in the State of Delaware and described as follows:

2.2 Legal description. The Homestead Property is more particularly described as follows (insert metes-and-bounds or recorded subdivision/lot reference verbatim from the most recent deed of conveyance):

[INSERT LEGAL DESCRIPTION VERBATIM FROM RECORDED DEED]

3. Principal Residence Status

3.1 The Homestead Property is, and has continuously been since [__/__/____], my principal residence (and, where applicable, the principal residence of my spouse and our dependents).

3.2 I (and my spouse, if joint) reside at the Homestead Property as our primary dwelling. We do not claim a homestead, residency-based tax exemption, or analogous principal-residence benefit on any other property in Delaware or in any other state.

3.3 The following persons reside with me at the Homestead Property and are dependents or members of my household:

4. Title and Encumbrances

4.1 I hold title to the Homestead Property as follows:

☐ Sole owner.
☐ Joint with spouse as tenants by the entireties.
☐ Joint with spouse as joint tenants with right of survivorship.
☐ Other: [____________________________________]

4.2 The Homestead Property is currently subject to the following encumbrances of record:

4.3 Estimated current fair market value of the Homestead Property: $[__________]
4.4 Total recorded liens: $[__________]
4.5 Estimated equity (FMV − liens): $[__________]

5. Claim of Homestead Exemption

5.1 I claim, and (where joint) my spouse and I claim, the homestead exemption authorized by 10 Del. C. § 4914(c)(1) in an aggregate amount not to exceed two hundred thousand dollars ($200,000) of equity in the Homestead Property.

5.2 The exemption is claimed for purposes of any present or future federal bankruptcy proceeding under Title 11 of the United States Code or any state insolvency proceeding involving the Declarant.

5.3 I acknowledge that 10 Del. C. § 4914(a) is an opt-out provision that prohibits a Delaware-domiciled debtor from electing the federal exemptions under 11 U.S.C. § 522(d), and that the homestead claimed herein is the Delaware state homestead.

6. Source of Equity (Anti-Conversion / § 522(o), (p) Disclosure)

6.1 The Homestead Property was acquired by Declarant on [__/__/____]. Acquisition date is more than 1,215 days before any anticipated bankruptcy petition date: ☐ Yes ☐ No ☐ Not yet contemplating filing.

6.2 During the ten (10) years preceding the date of this Declaration, the following transfers, contributions, or improvements were made to the Homestead Property using funds, property, or proceeds that were not previously exempt under Delaware or federal law:

☐ No nonexempt-to-exempt transfers occurred within the ten (10) years preceding this Declaration.

6.3 No transfer of nonexempt property into the Homestead Property was made with the intent to hinder, delay, or defraud any creditor within the meaning of 11 U.S.C. § 522(o).

7. Section 522(q) Disqualifier Certifications

I certify that, within the five (5) years preceding the date of this Declaration:

7.1 ☐ I have NOT been convicted of, and am NOT under indictment for, a felony that under the circumstances demonstrates that the filing of any bankruptcy case is an abuse of Title 11 (11 U.S.C. § 522(q)(1)(A)).

7.2 ☐ I do NOT owe any debt arising from a violation of federal or state securities laws, fraud, deceit, or manipulation in a fiduciary capacity, or any criminal act or willful or reckless misconduct that caused serious physical injury or death to another individual within the preceding five (5) years (11 U.S.C. § 522(q)(1)(B); 10 Del. C. § 4914(e)).

8. Domicile Certification (11 U.S.C. § 522(b)(3)(A))

8.1 I have been continuously domiciled in Delaware for ☐ more than 730 days / ☐ more than 180 days but fewer than 730 days / ☐ fewer than 180 days preceding the date of this Declaration.

8.2 If fewer than 730 days, my immediately prior state of domicile was: [__________], where I resided from [__/__/____] to [__/__/____].

9. Effect and Limitations of This Declaration

9.1 The Declarant acknowledges that under Delaware law the homestead exemption set forth in 10 Del. C. § 4914(c)(1) is automatic and does NOT require recordation as a precondition. This Declaration is recorded (or attested) for evidentiary and notice purposes only.

9.2 This Declaration does not create, expand, or extend any exemption beyond what is independently provided by 10 Del. C. § 4914(c)(1), 11 U.S.C. § 522, and other applicable law.

9.3 This Declaration does not affect the rights of any holder of a consensual security interest, purchase-money mortgagee, mechanic's-lien claimant, federal tax lien holder, or other lienholder whose interest is non-avoidable under 11 U.S.C. § 522(f) or otherwise.

9.4 This Declaration may be revoked, amended, or superseded by a subsequent recorded instrument signed by the Declarant (and spouse, if joint) and acknowledged in the manner required for Delaware deeds.

10. Severability and Construction

10.1 If any provision of this Declaration is held invalid, the remaining provisions remain in full force.

10.2 This Declaration shall be liberally construed to effectuate the homestead-protection purpose of 10 Del. C. § 4914(c)(1).

Signature and Acknowledgment

Executed under penalty of perjury under the laws of the State of Delaware and the United States (28 U.S.C. § 1746) this _____ day of _______________, 20___.

Notarial Acknowledgment

STATE OF DELAWARE
COUNTY OF [____________________]

On this _____ day of _______________, 20___, before me, the undersigned officer, personally appeared [DECLARANT NAME] [and [CO-DECLARANT NAME]], known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within Declaration, 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 hereunto set my hand and official seal.

Recording Instructions (Counsel)

1. Verify county. File the Declaration in the office of the Recorder of Deeds for the county in which the Homestead Property is located:
   - New Castle County Recorder of Deeds, 800 N. French St., Wilmington, DE 19801
   - Kent County Recorder of Deeds, 555 Bay Rd., Dover, DE 19901
   - Sussex County Recorder of Deeds, 2 The Circle, Georgetown, DE 19947
2. Format requirements. Use 8.5" × 11" or 8.5" × 14" white paper, black ink, minimum 10-point type, and leave a 3-inch top margin on the first page for the recorder's stamp.
3. Recording fee. Confirm current fee schedule with the county Recorder of Deeds (varies by page count and surcharge).
4. Indexing. Request indexing under both Declarant names, the parcel ID, and as a "Declaration of Homestead" for searchability.
5. Bankruptcy attachment. When a bankruptcy is contemplated, attach a recorded, certified copy of this Declaration as an exhibit to Schedule C and to the supporting affidavit on any contested-exemption motion.
6. Update. Re-record an amended Declaration if the Declarant's marital status, household composition, or principal residence changes, or upon refinancing or material renovation that affects the equity calculation in Section 4.

Sources and References

• 10 Del. C. § 4914 — Exemptions in bankruptcy and insolvency: https://delcode.delaware.gov/title10/c049/sc01/index.html
• Delaware HB 318, 152nd Gen. Assemb. (signed Aug. 2, 2024; eff. Jan. 1, 2025): https://legis.delaware.gov/BillDetail/140966
• 11 U.S.C. § 522 — Exemptions (federal opt-out, domicile rule, caps, disqualifiers).
• 25 Del. C. Ch. 1 — Recording of instruments.
• New Castle County Recorder of Deeds: https://recorder.newcastlede.gov/
• Kent County Recorder of Deeds: https://co.kent.de.us/recorder-of-deeds.aspx
• Sussex County Recorder of Deeds: https://sussexcountyde.gov/recorder-deeds
• U.S. Bankruptcy Court for the District of Delaware: https://www.deb.uscourts.gov/