West Virginia Homestead Declaration

West Virginia Homestead Declaration

Recording Cover Page

Declaration of Homestead

STATE OF WEST VIRGINIA
COUNTY OF [__________], to-wit:

I, [DEBTOR FULL LEGAL NAME], [and [CO-DECLARANT / SPOUSE NAME], my spouse,] being first duly sworn upon oath, hereby declare as follows:

1. Identity and Residence

1.1 I am a natural person and a resident of the State of West Virginia.

1.2 My current legal residence and principal dwelling place is:

[STREET ADDRESS]
[CITY], West Virginia [ZIP]
[__________] County

1.3 I (and, if applicable, my spouse and dependents listed below) actually occupy the above-described real property as our principal residence and have done so continuously since [__/__/____].

1.4 Dependents residing with declarant:

2. Description of Homestead Property

2.1 The real property claimed as homestead is more particularly described as:

[INSERT FULL LEGAL DESCRIPTION FROM DEED — metes and bounds, lot/block, or reference to recorded plat]

2.2 Tax map / parcel identification: [__________]

2.3 Deed source of title:

2.4 Form of title currently held:

☐ Sole ownership in declarant.
☐ Joint tenancy with right of survivorship between declarant and [__________].
☐ Tenancy by the entireties between declarant and spouse [__________].
☐ Tenancy in common with [__________] (declarant's undivided fractional interest: [____]).
☐ Other: [__________].

3. Valuation as of Date of Declaration

4. Claim of Homestead Exemption

4.1 Declarant hereby claims and declares the homestead exemption afforded by W. Va. Code § 38-10-4(a) in the maximum statutory amount of $35,000.00 of equity in the above-described real property, as of the date of this declaration.

4.2 Declarant acknowledges that the West Virginia bankruptcy homestead exemption arises by operation of law and does not require recordation; this declaration is recorded solely as a contemporaneous evidentiary record of declarant's claim, occupancy, valuation, and intent.

4.3 If filed as joint declarants, each declarant separately claims the $35,000 exemption pursuant to W. Va. Code § 38-10-7, for an aggregate claimed homestead of $70,000.00.

5. Opt-Out and Federal Exemption Disclaimer

5.1 Declarant acknowledges that West Virginia is an opt-out state under W. Va. Code § 38-10-1, that the federal exemptions under 11 U.S.C. § 522(d) are NOT available to a West Virginia-domiciled debtor, and that the WV homestead is the exclusive bankruptcy homestead available to declarant if and when declarant files for bankruptcy relief.

6. Domicile and § 522(b)(3)(A) Affidavit

6.1 Declarant has been continuously domiciled in West Virginia since [__/__/____].

6.2 As of the date of this declaration, declarant has been domiciled in West Virginia for [________] consecutive days.

6.3 ☐ Declarant has been domiciled in West Virginia for the 730 days immediately preceding the date of this declaration.

6.4 ☐ Declarant has NOT been domiciled in WV for 730 days, BUT was domiciled in WV for the 180 days (or longer portion) immediately preceding the 730-day period.

6.5 ☐ Declarant's prior state(s) of domicile within the last 730 days: [__________].

7. § 522(p) 1,215-Day Acquisition Disclosure

7.1 Declarant acquired the interest in the homestead property described in § 2 on [__/__/____].

7.2 ☐ More than 1,215 days have elapsed since declarant acquired the homestead interest (no federal § 522(p) cap).

7.3 ☐ Fewer than 1,215 days have elapsed; declarant acknowledges the federal cap of $189,050 (as adjusted April 1, 2022; verify current triennial adjustment) may limit the homestead in any subsequent bankruptcy.

8. § 522(o) Fraudulent-Conversion Disclosure

8.1 Within the 10 years preceding the date of this declaration, declarant has converted the following non-exempt property into homestead equity (e.g., by paying down mortgage principal with non-exempt cash, by making capital improvements with non-exempt funds, or by selling non-exempt assets and applying proceeds to the homestead):

8.2 Declarant affirms that no such conversion was made with intent to hinder, delay, or defraud any creditor within the meaning of 11 U.S.C. § 522(o) or W. Va. Code § 40-1A-4 (Uniform Voidable Transactions Act).

9. § 522(q) Disqualification Disclosure

9.1 Within the 5 years preceding the date of this declaration, declarant has NOT been:

☐ Convicted of a felony under federal or West Virginia law that demonstrates that the filing of a bankruptcy case would be an abuse;
☐ Liable for a debt arising from violation of federal or state securities laws;
☐ Liable for a debt arising from fraud, deceit, or manipulation in a fiduciary capacity or in connection with the purchase/sale of registered securities;
☐ Liable for a debt arising from any criminal act, intentional tort, or willful or reckless misconduct that caused serious physical injury or death.

9.2 ☐ The above representations are true; § 522(q) does not apply.
9.3 ☐ Declarant discloses the following matter that may implicate § 522(q): [____________________________________].

10. Continuing Representations

10.1 Declarant intends to occupy the property described in § 2 as declarant's principal residence indefinitely.

10.2 Declarant has not abandoned the homestead, has not established a competing homestead in any other state, and has not filed a homestead declaration in any other jurisdiction that remains of record.

10.3 Declarant agrees to record a notice of termination of this declaration upon any sale, abandonment, or change of principal residence.

Verification

I declare under penalty of perjury under the laws of the State of West Virginia and 28 U.S.C. § 1746 that the foregoing is true and correct.

Executed on [__/__/____] at [CITY], West Virginia.

Notarial Acknowledgment

STATE OF WEST VIRGINIA
COUNTY OF [__________], to-wit:

The foregoing Declaration of Homestead was acknowledged before me this [____] day of [__________], [____], by [DEBTOR NAME] [and [CO-DECLARANT NAME]], who [☐ is/are personally known to me] [☐ produced [__________] as identification].

Recording Instructions

1. Record this Declaration in the Office of the Clerk of the County Commission of [__________] County, West Virginia, in the deed records, pursuant to W. Va. Code § 39-1-2.
2. Pay the applicable recording fee (verify current amount with the County Clerk).
3. Index under both the declarant's name and the legal description / parcel identifier.
4. Retain a certified copy with the bankruptcy file and provide a copy to debtor's counsel for use in any subsequent § 522(o) / § 522(p) / § 522(q) proceeding.

Sources and References

• W. Va. Code § 38-10-1 — Federal exemptions inapplicable: https://code.wvlegislature.gov/38-10-1/
• W. Va. Code § 38-10-4 — Bankruptcy exemptions (homestead at subsection (a)): https://code.wvlegislature.gov/38-10-4/
• W. Va. Code § 38-10-7 — Joint petitions; doubling: https://code.wvlegislature.gov/38-10-7/
• W. Va. Code § 39-1-2 — Recording of instruments: https://code.wvlegislature.gov/39-1-2/
• W. Va. Code § 40-1A-4 — Uniform Voidable Transactions Act: https://code.wvlegislature.gov/40-1A-4/
• W. Va. Const. art. VI, § 48 — Homestead provision.
• 11 U.S.C. § 522(b)(2), (b)(3), (o), (p), (q) — Opt-out, domicile, conversion, acquisition cap, disqualifiers.
• Official Form 106C (Schedule C — Property Claimed as Exempt): https://www.uscourts.gov/forms/individual-debtors/property-you-claim-exempt
• Companion template: bankruptcy/jurisdictional/wv/bankruptcy_exemption_worksheet.md.