Homestead Declaration — Oregon

DECLARATION OF HOMESTEAD — STATE OF OREGON

Pursuant to ORS §§ 18.395 and 18.402

Space above this line reserved for Recorder's use.

PART 1: DECLARANT INFORMATION

PART 2: HOMESTEAD PROPERTY

Section A: Property Description

Section B: Legal Description

The real property subject to this Declaration is more particularly described as follows:

[________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________]

(See Exhibit A — Legal Description, attached and incorporated by reference, if longer.)

Section C: Acreage / Block Compliance — ORS § 18.395(2)

☐ Property is located within an incorporated city or town and does not exceed one (1) block.
☐ Property is located outside any incorporated city or town and does not exceed 160 acres.

PART 3: TYPE OF HOMESTEAD CLAIMED

☐ Single-Family Residence on Owned Land — ORS § 18.395
Cap: $40,000 single / $50,000 joint owners

☐ Manufactured Dwelling on Owned Land — ORS § 18.395 / § 18.398
Cap: $40,000 single / $50,000 joint owners

☐ Manufactured Dwelling on Leased / Rented Land — ORS § 18.398
Cap: $23,000 single / $30,000 joint (verify current ORS § 18.485 adjustment)

☐ Floating Home — ORS § 18.398
Cap: $23,000 single / $30,000 joint (verify)

☐ Houseboat / Mobile Home (occupied as residence) — ORS § 18.395

PART 4: OCCUPANCY AND USE DECLARATION

I/we, the undersigned Declarant(s), declare under penalty of perjury under the laws of the State of Oregon that:

1. Ownership. I/we own the above-described real property as ☐ sole owner ☐ tenants by the entirety ☐ joint tenants with right of survivorship ☐ tenants in common ☐ other: [________________________________].

2. Principal Residence. The property is, and has been since [__/__/____], my/our actual and principal place of residence within the meaning of ORS § 18.395(1).

3. Intent. I/we intend to continue to occupy the property as my/our principal residence and hereby claim the maximum homestead exemption afforded under ORS § 18.395 (and, where applicable, ORS § 18.398).

4. No Other Homestead. Neither Declarant claims a homestead exemption on any other property in Oregon or any other state.

5. Acreage Compliance. The property complies with the area limits of ORS § 18.395(2) as indicated in Part 2, Section C, above.

6. Domicile. I/we have been domiciled in Oregon continuously since [__/__/____]. (For bankruptcy purposes, 11 U.S.C. § 522(b)(3)(A) requires 730 days of Oregon domicile to claim Oregon exemptions.)

PART 5: VALUATION AND ENCUMBRANCES

Lienholder Schedule

PART 6: PROCEEDS OF SALE — ORS § 18.428

In the event the homestead is voluntarily sold, the exempt proceeds shall remain exempt from execution for a period of one (1) year following receipt, provided the proceeds are held with the intent to acquire another homestead.

☐ Declarant(s) acknowledge ORS § 18.428 and intend to invoke its protection if the homestead is sold during the period this Declaration remains effective.

PART 7: STATUTORY ACKNOWLEDGMENTS

The Declarant(s) acknowledge that:

1. Oregon's homestead exemption arises by operation of law under ORS § 18.395 and does not require recordation to be effective; this Declaration is recorded as evidence of the exemption claim.

2. The exemption does not protect against:
   - Consensual mortgages and trust deeds;
   - Mechanic's liens for labor or materials furnished to improve the homestead (ORS Ch. 87);
   - Property tax liens and other governmental tax liens;
   - Child support and spousal support obligations;
   - Federal tax liens (subject to federal law, 26 U.S.C. § 6321 et seq.).

3. In bankruptcy, Oregon's opt-in status (ORS § 18.300; 11 U.S.C. § 522(b)(2)) permits debtors to elect EITHER the Oregon homestead exemption OR the federal homestead exemption under 11 U.S.C. § 522(d)(1).

4. Pursuant to 11 U.S.C. § 522(p), if the homestead was acquired within 1,215 days before a bankruptcy petition, the homestead claim is capped at the federal limit (currently $214,000 — verify) regardless of any larger state exemption.

5. The dollar amounts in ORS § 18.395 are subject to inflation adjustment under ORS § 18.485 by the Council on Court Procedures; current amounts should be verified at oregonlegislature.gov before reliance.

PART 8: SIGNATURES AND ACKNOWLEDGMENT

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

Executed on [__/__/____] at [________________________________], Oregon.

NOTARIAL ACKNOWLEDGMENT

STATE OF OREGON )
) ss.
County of [_________________] )

On this [____] day of [______________], 20[____], before me, the undersigned Notary Public, personally appeared [DECLARANT 1 NAME] [and [DECLARANT 2 NAME]], proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of Oregon that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

_________________________________
Notary Public — State of Oregon
My Commission Expires: [__/__/____]

[NOTARY SEAL]

EXHIBIT A — LEGAL DESCRIPTION

[Insert full metes-and-bounds or platted legal description from deed.]

[________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________]

SOURCES AND REFERENCES

• ORS § 18.395 (Homestead Exemption) — https://www.oregonlegislature.gov/bills_laws/ors/ors018.html
• ORS § 18.398 (Manufactured Dwelling / Floating Home)
• ORS § 18.402 (Procedure for claiming homestead)
• ORS § 18.428 (Proceeds of voluntary sale)
• ORS § 18.485 (Inflation adjustment)
• 11 U.S.C. § 522(b), (d), (p) — Federal Bankruptcy Code

Recording fees are payable to the County Clerk/Recorder. Verify current fee schedule with the recording county. This Declaration does not create or transfer any interest in real property and does not modify any existing mortgage, trust deed, or lien. It is a statement of homestead claim only.