Homestead Exemption After a Divorce or Separation

A homestead exemption belongs to an owner who lives in the home. After a divorce, the spouse who stays in the home and remains on the title usually keeps it, but you may need to refile.

If you stay in the home

If the deed changes to your name only, ask your county office whether you need a new application. Many states require one after any change in ownership.

If you move out

You generally can't claim a homestead exemption on a home you no longer live in. You may be able to claim one on your new home once you own and live in it.

Married couples and one homestead

Many states allow only one homestead per married couple. After a divorce each person can usually claim their own home.

FAQ

Who keeps the homestead exemption after a divorce?

Usually the owner who keeps living in the home. Refile if the deed changes.

Can I claim a homestead on my new place after a divorce?

Yes, once you own and live in it, under your state's normal rules.

This guide is general information, not legal or tax advice. Your county office decides eligibility. Last reviewed Oct 23, 2026.