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What exactly is the VT. Homestead act? is it the same as the laws of intestacy in CT. ?

Westport, CT |
Attorney answers 3


The Homestead protects an individual's primary dwelling from liens and executions up to a certain value, ($125k). It also gives the owner a tax benefit. If a person dies and leaves a spouse, the deceased's homestead (valued at $125,000 or less) can be transferred to the surviving spouse, without the spouse having to pay the debts of the deceased before the transfer can be finalized.

Read more: Vermont's Homestead Act |

This really has nothing to do with the intestate code. You can find out more about intestacy, here:

The intestacy code does not apply to assets which are jointly owned, so if the property is jointly owned, the probate would not be necessary, at all.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


A homestead act allows a spouse to claim a statutory value of a primary residence free from all creditors and mortgages. If there is any value in the home above the statutory amount, the creditor can only foreclose on the balance. The creditor can foreclose on their interested portion of the home, but cannot foreclose on the spouse's interest. Thus any purchaser will own the share as a tenant in common with the spouse. Since title is thus burdened, the foreclosure value is extremely low (since most investors or buyers will not purchase a home as a tenant in common).

Thus your position in negotiating the mortgage improves - as you cannot be evicted from the home as a tenant in common. However, rents are still owed on the bank's portion of the home - which can create additional legal issues in the future. But the ability to negotiate is still improved

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC


The Homestead Act essentially secures a portion of the equity (defined by the statute) in a home from creditors. The laws of intestacy provide how an estate will be distributed when someone dies without a valid will.

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