Money & Debt · Homestead (creditor protection)

Homestead Exemption from Creditors in Utah

How much of your home equity is shielded from a judgment creditor in Utah, what the exemption does not stop, and how to claim it, cited to the statute.

CitedCited to its source

Statute Utah Code §78B‑5‑503 · le.utah.gov

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Home equity protected from creditors · Utah

$52,400 individual / $104,700 household (2025)

Dollar amount

Utah protects home equity in a primary residence from creditors up to $52,400 per individual, or $104,700 per household, for 2025. The amounts are recalculated each year for inflation by the State Auditor, so the current figure will differ.

Protected equity$52,400 individual / $104,700 household (2025)

Applies automaticallyYes

Federal alternativeState exemption used

StatuteUtah Code §78B‑5‑503

What is protected in Utah

The equity shielded from creditors, how it applies, and the debts it cannot stop.

Rule	In Utah	What it means
Applies automatically	Yes	Protection of a primary residence is automatic. A homestead declaration must be recorded to protect property that is not the primary residence (§78B-5-504).
Married or co-owned	See note	The household maximum for a primary residence is double the individual amount ($104,700 in 2025).
Statute	Utah Code §78B-5-503	The controlling authority. Read the full text through the source link below.

Equity protected: $52,400 individual / $104,700 household (2025)

For a primary personal residence the 2025 inflation-indexed exemption is $52,400 per individual and $104,700 per household (statutory base $42,000/$84,000, set 2019). For property that is NOT the primary residence it is $6,200 (base $5,000). The State Auditor recalculates the amounts each year for CPI and publishes them by January 1.

Acreage limit

1 acre (primary residence)

Does not stop

Does not defeat consensual mortgages/statutory liens, purchase-money obligations, certain excepted debts such as alimony/child support, or property taxes.

This amount moves over time

The Utah exemption is indexed to inflation. The State Auditor recalculates the individual and household amounts each year for the Consumer Price Index and publishes them by January 1, so the 2025 figures of $52,400 and $104,700 will change in later years. Confirm the current published amount before you rely on it.

What you can do right now

Concrete, neutral steps to protect home equity in Utah. 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 the current limit, so knowing the number tells you how much is shielded.
Confirm the current indexed amount
The 2025 figures are $52,400 per individual and $104,700 per household for a primary residence, but the State Auditor recalculates them each year for inflation and publishes them by January 1. Check the current amount before you rely on it.
Record a declaration for non-primary property
A primary residence is protected automatically, but under §78B-5-504 you must record a homestead declaration to protect property that is not your primary residence, where the exemption is only $6,200. Confirm which category your property falls in.
Get Utah help with a judgment
If a creditor with a judgment threatens your home, act early. A local legal aid office or attorney can explain how the exemption applies, how the acreage limit works, and how to assert it.

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 Utah

First, a distinction that trips up almost everyone: this is the homestead exemption that protects your home’s equity from creditors, not the separate property-tax break that also uses the word homestead. Under Utah Code §78B-5-503, a primary personal residence is protected up to $52,400 per individual and $104,700 per household for 2025, on up to one acre of land. Property that is not your primary residence gets a far smaller $6,200. Utah is one of the few states that indexes these amounts to inflation. The State Auditor recalculates them each year for the Consumer Price Index and publishes them by January 1, so the 2025 numbers will not stay fixed. Confirm the current figure before relying on it. Protection of a primary residence is automatic, but you must record a homestead declaration under §78B-5-504 to protect non-primary property. And the exemption never defeats a mortgage or statutory lien, purchase-money debt, certain support obligations, or property taxes.

Common questions

How much home equity is protected from creditors in Utah?

For a primary residence, the 2025 indexed exemption under Utah Code §78B-5-503 is $52,400 per individual and $104,700 per household, on up to one acre. Property that is not your primary residence gets only $6,200. The State Auditor recalculates the amounts each year, so confirm the current figure.

Is the Utah homestead exemption automatic?

For a primary residence, yes. Protection is automatic with nothing to file. But under §78B-5-504 you must record a homestead declaration to protect property that is not your primary residence, where the exemption is only $6,200.

Does the Utah homestead exemption stop a foreclosure?

No. The exemption protects equity from a judgment creditor, not from a debt secured by the home. It does not defeat a consensual mortgage or statutory lien, purchase-money debt, certain support obligations such as alimony or child support, or property taxes.

Does the Utah homestead exemption double for a married couple?

For a primary residence, effectively yes. The household maximum is double the individual amount, which is $104,700 in 2025 against the $52,400 individual figure. Both amounts adjust each year for inflation.

What is the difference between the homestead creditor and homestead tax exemption in Utah?

They are different protections. The creditor exemption on this page shields your home equity from a judgment creditor forcing a sale. The primary-residence property-tax exemption lowers the taxable value used for your annual property tax bill. One is asset protection, and the other is a tax break.

Primary source

→ Utah Code §78B-5-503

Utah State Legislature, §78B-5-503 · le.utah.gov

Cholilurrohman
Every figure on this page is cited to its source; a line-by-line statute confirmation is pending. Editorial standards →

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.

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