:: Tenancy by Entirety Exemptions : Oregon Bankruptcy Law

Other Oregon Exemption Citations

In re Wynn, 369 B.R. 605 (Bankr. D. Or 2007) - Homestead proceeds used for rent count as reinvestment within one year.
In re Pletz, 221 F.3d 1114 (9th Cir 2000) - Tenancy by entirety not exempt, but subject to survivorship rights of nondebtor spouse
In re Casserino, 379 F.3d 1069 (9th Cir. 2004) - Prepaid rent and security deposits for renter's dwelling
Stanley v. Mueller, 222 Or. 194 (1960 ) - Tenancy by the Entireties recognized in real estate, but is not exempt.
Or. Rev. Stat. § 108.090 - Tenancy by the Entireties recognized in real estate, but is not exempt.
Or. Rev. Stat. § 147.325 - Crime victims' compensation (husband & wife each claim)
Or. Rev. Stat. � 18.300 - As of July 1, 2013, Oregon has ceased to "opt out" of the federal exemptions pursuant to Code § 522(b). ORS § 18.300. You can now use the federal exemptions.
Or. Rev. Stat. § 18.312 - Property of a decedent
Or. Rev. Stat. § 18.345 (1)(i) - Alimony, child support needed for support
Or. Rev. Stat. § 18.345 (1)(a) - Books, pictures, & musical instruments to $600 total (husband & wife may double)
Or. Rev. Stat. § 18.345 (1)(b) - Clothing, jewelry, & other personal items to $1,800 total (husband & wife may double)
Or. Rev. Stat. § 18.345 (1)(e) - Domestic animals, poultry, & pets to $1,000 plus food to last 60 days
Or. Rev. Stat. § 18.345 (1)(n) - Federal earned income tax credit
Or. Rev. Stat. § 18.345 (1)(f) - Food & fuel to last 60 days if debtor is householder
Or. Rev. Stat. § 18.345 (1)(f) - Furniture, household items, utensils, radios, & TVs to $3,000 total
Or. Rev. Stat. § 18.345 (1)(h) - Health aids
Or. Rev. Stat. § 18.345 (1)(l),(3) - Compensation for lost earnings payments for debtor or someone debtor depended on, to extent needed (husband & wife may double)
Or. Rev. Stat. § 18.345 (1)(d),(3) - Motor vehicle to $3,000 (husband & wife may double)
Or. Rev. Stat. § 18.345 (1)(k),(3) - Personal injury recoveries to $10,000 (husband & wife may double)
Or. Rev. Stat. § 18.345 (1)(j),(3) - Crime victims' compensation (husband & wife each claim)
Or. Rev. Stat. § 18.345 (1)(c),(3) - Tools, library, team with food to last 60 days, to $5,000 (husband & wife may double)
Or. Rev. Stat. § 18.345 (1)(p) - $400 of any personal property not already covered by existing exemption (husband & wife may double)
Or. Rev. Stat. § 18.345 (m) - Veterans' benefits and proceeds of veterans loans
Or. Rev. Stat. § 18.345 (2) - Bank deposits to $7,500; cash for sold exempt property
Or. Rev. Stat. § 18.345 (o) - Medical or Health Savings Accounts
Or. Rev. Stat. § 18.348 (2) - Public officers, employees pension payments to to $7,500
Or. Rev. Stat. § 18.348 - Bank deposits to $7,500; cash for sold exempt property
Or. Rev. Stat. § 18.348 (1) - Higher education savings account to $7,500
Or. Rev. Stat. § 18.348 - ERISA-qualified benefits, including IRAs and SEPs to $7,500
Or. Rev. Stat. § 18.348 - Fraternal benefit society benefits
Or. Rev. Stat. § 18.348 - Aid to blind to $7,500
Or. Rev. Stat. § 18.348 - Aid to disabled to $7,500
Or. Rev. Stat. § 18.348 - Civil defense & disaster relief to $7,500
Or. Rev. Stat. § 18.348 - General assistance to $7,500
Or. Rev. Stat. § 18.348 - Injured inmates' benefits to $7,500
Or. Rev. Stat. § 18.348 - Medical assistance to $7,500
Or. Rev. Stat. § 18.348 - Old-age assistance to $7,500
Or. Rev. Stat. § 18.348 - Unemployment compensation to $7,500
Or. Rev. Stat. § 18.348 - Vocational rehabilitation to $7,500
Or. Rev. Stat. § 18.348 - Workers' compensation to $7,500
Or. Rev. Stat. § 18.358 - ERISA-qualified benefits, including IRAs and SEPs to $7,500
Or. Rev. Stat. § 18.362 - Pistol; rifle or shotgun (owned by person over 16) to $1,000
Or. Rev. Stat. § 18.385 - 75% of disposable wages or $170 per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
Or. Rev. Stat. § 237.980 - Public officers, employees pension payments to to $7,500
Or. Rev. Stat. § 238.445 - Public officers, employees pension payments to to $7,500
Or. Rev. Stat. § 292.070 - Wages withheld in state employee's bond savings accounts
Or. Rev. Stat. § 344.580 - Vocational rehabilitation to $7,500
Or. Rev. Stat. § 348.863 - Higher education savings account to $7,500
Or. Rev. Stat. § 407.125 - Veterans' benefits and proceeds of veterans loans
Or. Rev. Stat. § 407.595 - Veterans' benefits and proceeds of veterans loans
Or. Rev. Stat. § 408.440 - Real property of a soldier or sailor during time of war
Or. Rev. Stat. § 411.706 - Aid to blind to $7,500
Or. Rev. Stat. § 411.706 - Aid to disabled to $7,500
Or. Rev. Stat. § 411.760 - General assistance to $7,500
Or. Rev. Stat. § 411.760 - Aid to blind to $7,500
Or. Rev. Stat. § 411.760 - Aid to disabled to $7,500
Or. Rev. Stat. § 414.095 - Medical assistance to $7,500
Or. Rev. Stat. § 471.292 (1) - Liquor licenses
Or. Rev. Stat. § 65.870 - Burial plot
Or. Rev. Stat. § 655.530 - Injured inmates' benefits to $7,500
Or. Rev. Stat. § 656.234 - Workers' compensation to $7,500
Or. Rev. Stat. § 657.855 - Unemployment compensation to $7,500
Or. Rev. Stat. § 67.190 - Partnership property
Or. Rev. Stat. § 743.046 - Life insurance proceeds or cash value if you are not the insured
Or. Rev. Stat. § 743.047 - Group life policy or proceeds not payable to insured
Or. Rev. Stat. § 743.047 - Life insurance proceeds or cash value if you are not the insured
Or. Rev. Stat. § 743.049 - Annuity contract benefits to $500 per month
Or. Rev. Stat. § 743.050 - Health or disability proceeds or avails
Or. Rev. Stat. § 748.207 - Fraternal benefit society benefits
Or. Rev. Stat. § 87.075 - Building materials for construction of an improvement
Or. Rev. Stat. § 97.660 - Burial plot
Or. Rev. Stat. § 97.675 - Burial plot
Or. Rev. Stat. § 18.395 - Real property, mobile home or houseboat you occupy or intend to occupy to $40,000 ($50,000 for joint owners); property cannot exceed 1 block in town or city or 160 acres elsewhere; sale proceeds exempt 1 year from sale, if you intend to purchase another home
Or. Rev. Stat. § 18.402 - Real property, mobile home or houseboat you occupy or intend to occupy to $40,000 ($50,000 for joint owners); property cannot exceed 1 block in town or city or 160 acres elsewhere; sale proceeds exempt 1 year from sale, if you intend to purchase another home
- Klamath Indians tribe benefits for Indians residing in Oregon.
- Klamath Indians tribe benefits for Indians residing in Oregon.

50 State Tenancy by Entirety Exemptions

Alaska Stat. § 34.15.140 - Tenancy by the entirety is recognized but such interests are not exempt, under the state law and consequently the right of survivorship is not exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).
Alaska Stat. § 09.38.100 - Tenancy by the entirety is recognized but such interests are not exempt, under the state law and consequently the right of survivorship is not exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).
Morris v. Solesbee, 892 S.W.2nd 281 (Ark. App. 1995) - Not exempt. Tenancy by the entirety is recognized but debtor's interest in TBE property is not exempt.
Morrison v. Potter , 764 A.2d 234 (D.C. 2000) - (Property held as tenancy by the entirety may be exempt against debts owed by only one spouse)
Estate of Wall, 440 F.2d 215 (D.C. Cir. 1971) - (Property held as tenancy by the entirety may be exempt against debts owed by only one spouse)
In re Hovatter, 25 B.R. 123 (D. Del.Bankr. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Kelly, 316 B.R. 629 (D.Del 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Kelly, 289 B.R. 38 (D.Del,Bankr. 2003) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Meyer v. Faust, 83 So.2nd 847 (Fla 1955) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Havoco of America, Ltd. v. Hill, 197 F.3d 1135 (11th Cir Fla. 1999) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Musolino, 391 F.3d 1295 (11th Cir 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Haw. Rev. Stat. § 509-2 - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
Traders Travel Intern., Inc. v. Howser, 753 P.2d 244 (Hawaii 1988) - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
Security Pacific Bank v. Chang, 818 F.Supp. 1343 (D. Haw. 1993) - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
750 Ill. Comp. Stat. 65/22 - Tenancy by entirety property exempt except against joint debts
765 Ill. Comp. Stat. 1005/1c - Tenancy by entirety property exempt except against joint debts
Gillissie v Gillissie, 215 B.R. 370 (Bankr.N.D.Ill 1997) - Tenancy by entirety property exempt except against joint debts
Ind. Code Ann. § 34-55-10-2 (c)(5) - Tenancy by the entirety is recognized in Indiana. ICA 32-4-2-1. Any interest that a debtor has in real estate held as a tenant by the entirety is exempt under state law unless the debtor and spouse file a joint petition for relief. ICA � 34-55-10-2(b)(5).
Ind. Code Ann. § 32-17-3-1 - Tenancy by the entirety is recognized in Indiana. ICA 32-4-2-1. Any interest that a debtor has in real estate held as a tenant by the entirety is exempt under state law unless the debtor and spouse file a joint petition for relief. ICA � 34-55-10-2(b)(5).
Ind. Code Ann. § 34-55-10-2 (c)(5) - Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse
Mass. Gen. Laws ch. 209, § 1 - Property coowned by spouses as TBE and used as the principal residence of the nondebtor spouse is exempt unless the claim is based upon necessities provided to either spouse or dependent.
Mass. Gen. Laws ch. 209, § 1 - Property held as tenancy by the entirety may be exempt against debt for non-necessity owed by only one spouse.
In re Birney, 200 F.3d 225 (4th Cir. 1999) - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
Md. Code Ann., [Est. & Trusts] § 14.5-511 - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
Md. Code Ann., [Cts. & Jud. Proc.] § 11-504 (b)(8),(9) - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
In re Guzior, 347 B.R. 237 (Bkrtcy.E.D.Mich. 2006) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Spears, 313 B.R. 212 (W.D.Mich. 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 557.151 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.6023a - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.5451 (1)(n) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.5451 (1)(n) - Bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband and wife held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 557.151 - Bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband and wife held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Raynard, 354 B.R. 834 (6th Cir BAP 2006) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Smith, 246 B.R. 540 (E.D. Mich. 2000) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Scott v. Union Planters Bank N.A., 196 S.W.3d 574 (Mo.App. S.D., 5/15/2006) - Bank accounts owned as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Eads, 271 B.R. 371 (Bkrtcy. W.D. Mo. 2002) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Mo. Rev. Stat. § 513.475 (2) - Tenancy by the entirety is recognized in ownership of both real and personal property, and in the case of real property, such interests are exempt. MAS § 513.475(2). Consequently, pursuant to Code § 522(b)(2)(B) interests of the debtor in real property as a tenant by the entirety are exempt in Bankruptcy Code.
Edgar v. Ruma, 823 S.W.2d 59 (Mo. Ct. App. 1991 ) - Bank accounts owned as tenancy by the entirety may be exempt against debts owed by only one spouse
Miss. Code Ann. � - Tenancy by the entirety has been recognized by Mississippi state courts. Consequently, pursuant to Code § 522(b)(2)(B), such interests may also be exempt. Status unkown.
In re Chandler, 148 B.R. 13 (E.D. N.C. 1992) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
King v.Greene, 30 N.J. 395 (N.J. 1959) - survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
Freda v. Commercial Trust Co. of New Jersey, 570 A.2d 409 (N.J. 1990) - survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
N.M. Stat. Ann. § 40-3-10 - New Mexico does not have tenancy by the entirety ownership, but community property rules say that separate debts of spouse must be satisfied from separate property of spouse, and only if separate property is insufficient, may 1/2 of community proeprty be used to satisfy such debts.
N.M. Stat. Ann. § 40-3-11 - New Mexico does not have tenancy by the entirety ownership, but community property rules say that separate debts of spouse must be satisfied from separate property of spouse, and only if separate property is insufficient, may 1/2 of community proeprty be used to satisfy such debts.
N.Y. Est. Powers & Trusts Law § 6-2.2 - Recognized, but not exempt
In re Pernus, 143 B.R. 856 (N.D. Ohio 1992) - Property held as tenancy by the entirety created prior to April 4th 1985 may be exempt against debts owed by only one spouse
In re Cline, 164 B.R. 592 (Bankr.S.D. Ohio 1994) - Property held as tenancy by the entirety created prior to April 4th 1985 may be exempt against debts owed by only one spouse
Or. Rev. Stat. § 108.090 - Tenancy by the Entireties recognized in real estate, but is not exempt.
Stanley v. Mueller, 222 Or. 194 (1960 ) - Tenancy by the Entireties recognized in real estate, but is not exempt.
In re Martin, 259 B.R. 119 (M.D. Pa. 2001) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Ryan, 282 B.R. 742 (D.R.I. 2002) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
Cull v Vadnais, 406 A.2d 1241 (RI ) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
In re Furkes, 65 B.R. 232, 236 (D.R.I 1986) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
11 U.S.C. § 522 (b)(3) - Tenancy by entirety is exempt only if debtor chooses State & Non-bankruptcy exemptions.
Vt. Stat. Ann. tit. 15, § 67 - NORTON Vermont recognizes tenancy by the entirety. Such interest, however, may be subject to certain debts and thus the exemption of such interests are also limited under the Bankruptcy Code pursuant to Code § 522(b)(2)(B). See VSA 15 § 67.
Vt. Stat. Ann. tit. 12, § 2781 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Lowell v. Lowell, 419 A2d 321 (Vt. 1980) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re McQueen, 21 B.R. 736 (D. Ver. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Vt. Stat. Ann. tit. 15, § 67 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Rose v. Morell, 259 A2d 8 (Vt. 1969) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Anselmi, 52 B.R. 479 (D.Wy. 1985) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Wenande, 107 B.R. 770 (Bankr. D. Wyo 1989) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse

← Oregon Tenancy by Entirety Exemptions

Citation: Case - Stanley v. Mueller, 222 Or. 194 (1960 )

Other Oregon Exemption Citations

50 State Tenancy by Entirety Exemptions