Money & Debt · Homestead (creditor protection)
Homestead Exemption from Creditors in Oregon
How much of your home equity is shielded from a judgment creditor in Oregon, what the exemption does not stop, and how to claim it, cited to the statute.
What is protected in Oregon
The equity shielded from creditors, how it applies, and the debts it cannot stop.
| Rule | In Oregon | What it means |
|---|---|---|
| Applies automatically | Yes | The exemption applies to your homestead without a recorded declaration. You claim it in the execution or bankruptcy proceeding when a creditor tries to reach the home. No advance filing is required to preserve it against ordinary creditors. |
| Married or co-owned | See note | Oregon lets the exemption reach $300,000 where two or more members of a household own the home and are debtors, so a co-owning couple can shield up to that combined amount rather than $150,000. |
| Statute | ORS 18.395 | The controlling authority. Read the full text through the source link below. |
Equity protected: $150,000
ORS 18.395 exempts a homestead from execution and sale on a judgment up to $150,000 for a single owner, or $300,000 where two or more members of a household are debtors whose interests are subject to sale. Senate Bill 1595 raised these amounts effective January 1, 2025, and ORS 18.398 indexes them to the Consumer Price Index each July 1. For debts arising from child support, spousal support, or restitution, the exemption is limited to $40,000 single and $50,000 combined.
Does not stop
The exemption shields equity from an ordinary judgment creditor. It does not defeat a mortgage or trust deed you agreed to, property taxes, or a construction lien for work on the home. For child support, spousal support, or restitution debts, the protected amount drops to $40,000 single or $50,000 combined.
ORS 18.398 adjusts the $150,000 and $300,000 figures for the Consumer Price Index on July 1 of each year, beginning July 1, 2025. The reduced $40,000 and $50,000 amounts for support and restitution debts are not indexed. Confirm the current published figure before you rely on it.
Senate Bill 1595 raised the exemption to $150,000 single and $300,000 joint effective January 1, 2025, up from the longtime $40,000 and $50,000 figures, and set annual inflation adjustments starting July 1, 2025.
What you can do right now
Concrete, neutral steps to protect home equity in Oregon. This is legal information, not legal advice.
- Estimate your home equity
Subtract what you still owe on the mortgage from your home’s value. The homestead exemption protects that equity from a judgment creditor up to $150,000 for a single owner, or up to $300,000 for two or more owners of the home.
- Confirm the current indexed figure
The $150,000 and $300,000 amounts adjust for inflation each July 1 under ORS 18.398. The 2025 change was recent, so check the current published amount before you rely on a specific number.
- Check what kind of debt is involved
For most judgments the exemption is $150,000 or $300,000. For child support, spousal support, or restitution, it drops to $40,000 single or $50,000 combined. Know which category your creditor falls into.
- Get free Oregon help with a judgment
If a creditor with a judgment threatens your home, act early. Oregon Law Help and the state courts self-help resources can explain how the exemption applies and how to assert it in an execution sale or bankruptcy.
This is general legal information, not legal advice. Liens, bankruptcy choices, and local rules can change how the exemption applies to your home.
What people get wrong in Oregon
First, the distinction that trips up almost everyone: this is the homestead exemption that shields your home equity from creditors, not the property-tax break that shares the name. Oregon protects a set dollar amount, and it recently grew a lot. Under ORS 18.395, your homestead is exempt from execution and sale on a judgment up to $150,000 for a single owner, or up to $300,000 where two or more members of a household own the home and are debtors. Senate Bill 1595 raised these figures effective January 1, 2025, and ORS 18.398 now adjusts them for inflation each July 1. The protection is automatic, so you do not record a declaration to claim it. One wrinkle: for child support, spousal support, or restitution debts, the exemption is only $40,000 single or $50,000 combined. And the homestead never defeats a mortgage you signed, property taxes, or a construction lien on the home.
Common questions
How much home equity is protected from creditors in Oregon?
Up to $150,000 for a single owner, or up to $300,000 where two or more household members own the home and are debtors, under ORS 18.395. Senate Bill 1595 raised these amounts effective January 1, 2025, and they adjust for inflation each July 1. For support or restitution debts the amount is $40,000 or $50,000.
Is the Oregon homestead exemption automatic?
Yes. It applies to your homestead without a recorded declaration. You claim it in an execution sale or bankruptcy when a creditor tries to reach the home. No advance filing is required to preserve it against ordinary creditors.
Does the Oregon homestead exemption stop a foreclosure?
No. It protects equity from an ordinary judgment creditor, not from a debt secured by the home. It does not defeat a mortgage or trust deed you agreed to, property taxes, or a construction lien for work on the property. Those can still be enforced.
Does the Oregon homestead exemption double for a married couple?
In effect, yes. ORS 18.395 lets the exemption reach $300,000 where two or more members of a household own the home and are debtors, rather than the $150,000 that applies to a single owner.
What is the difference between the homestead creditor and homestead tax exemption in Oregon?
They are different protections. The creditor exemption on this page shields your home equity from a judgment creditor forcing a sale. A property-tax homestead benefit lowers the taxable value of your home to cut your annual tax bill. One is asset protection, and the other is a tax break.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.