Connecticut General Statutes/Title 52/Chapter 906/Section 52-352b

CGS § 52-352b. Exempt property.

The following property of any natural person shall be exempt:

(1) Necessary apparel, bedding, foodstuffs, household furniture and appliances;

(2) Tools, books, instruments, farm animals and livestock feed, which are necessary to the exemptioner in the course of his or her occupation, profession or farming operation;

(3) Burial plot for the exemptioner and his or her immediate family;

(4) Public assistance payments and any wages earned by a public assistance recipient under an incentive earnings or similar program;

(5) Health and disability insurance payments;

(6) Health aids necessary to enable the exemptioner to work or to sustain health;

(7) Workers' compensation, Social Security, veterans and unemployment benefits;

(8) Court-approved payments for child support;

(9) Arms and military equipment, uniforms or musical instruments owned by any member of the militia or armed forces of the United States;

(10) Up to two motor vehicles to the value of seven thousand dollars in the aggregate, provided value shall be determined as the fair market value of the motor vehicles less the amount of all liens and security interests which encumber them;

(11) Wedding and engagement rings;

(12) Residential utility deposits for one residence, and one residential security deposit;

(13) Any assets or interests of an exemptioner in, or payments received by the exemptioner from, a plan or arrangement described in section 52-321a;

(14) Alimony and support, other than child support, but only to the extent that wages are exempt from execution under section 52-361a;

(15) An award under a crime reparations act;

(16) All benefits allowed by any association of persons in this state towards the support of any of its members incapacitated by sickness or infirmity from attending to his usual business;

(17) All moneys due the exemptioner from any insurance company on any insurance policy issued on exempt property, to the same extent that the property was exempt;

(18) Any interest of the exemptioner in any property not to exceed in value one thousand dollars;

(19) Any interest of the exemptioner not to exceed in value four thousand dollars in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the exemptioner under which the insured is the exemptioner or an individual of whom the exemptioner is a dependent;

(20) The cash surrender value of any life insurance policy issued upon the life of a citizen or resident of this state, unless the life insurance policy was assigned to or was effected for the benefit of the creditor or unless the purchase, sale, or transfer of the life insurance policy is made with the intent to defraud the creditor;

(21) The homestead of the exemptioner to the value of two hundred fifty thousand dollars, provided value shall be determined as the fair market value of the real property less the amount of any statutory or consensual lien which encumbers it, except that, in the case of a money judgment arising out of a claim of sexual abuse or exploitation of a minor, sexual assault or other wilful, wanton, or reckless misconduct committed by a natural person, to the value of seventy-five thousand dollars; and

(22) Irrevocable transfers of money to an account held by a debt adjuster licensed pursuant to sections 36a-655 to 36a-665, inclusive, for the benefit of creditors of the exemptioner.

Short History

(P.A. 77-466, S. 2; P.A. 79-376, S. 72; P.A. 83-581, S. 25, 40; P.A. 91-239, S. 3, 4 P.A. 92-94, S. 2, 4; P.A. 93-301, S. 2, 3; 93-350; P.A. 03-266, S. 8; P.A. 07-37, S. 1; P.A. 09-208, S. 42; P.A. 21-161, S. 1.)

Long History

History: P.A. 79-376 substituted “workers' compensation” for “workmen's compensation” in Subdiv. (g); P.A. 83-581 specified that the exempt property was that “of any natural person”, added Subdivs. (j) to (o), formerly Sec. 52-352c, and added Subdivs. (p) and (q), formerly Sec. 52-354; P.A. 91-239 amended Subdiv. (m) by deleting former provision re payments received by exemptioner under profit-sharing, pension, stock bonus, annuity or similar retirement plan and added new provision re assets or interests of exemptioner in, or payments received by the exemptioner from, a plan or arrangement described in Sec. 52-321a; P.A. 92-94 added livestock feed to the exempt property listed in Subdiv. (b) and specified that such property used in the course of farming operation is exempt; P.A. 93-301 added Subdiv. (r) re any interest of exemptioner in any property not to exceed $1,000, added Subdiv. (s) re interest in exemptioner not to exceed $4,000 in any accrued dividend or interest under, or loan value of any unmatured life insurance contract owned by exemptioner under which insured is exemptioner or individual of whom exemptioner is dependent and added Subdiv. (t) re homestead of exemptioner to value of $75,000, provided value is fair market value less any statutory or consensual lien, effective October 1, 1993, and applicable to any lien for any obligation or claim arising on or after said date; P.A. 93-350 added Subdiv. (r) (codified as Subdiv. (u)) re exemption of irrevocable transfers of money to an account held by a bona fide nonprofit debt adjuster licensed pursuant to Ch. 655 for benefit of creditors of exemptioner; P.A. 03-266 amended Subdiv. (t) by adding homestead exemption of $125,000 for a money judgment arising out of hospital services; P.A. 07-37 amended Subdiv. (j) to substitute $3,500 for $1,500 re motor vehicle value, effective July 1, 2007; P.A. 09-208 amended Subdiv. (u) by deleting “bona fide nonprofit” re licensed debt adjuster; P.A. 21-161 redesignated existing Subsecs. (a) to (s) as Subdivs. (1) to (19), amended redesignated Subdiv. (10) to replace provision re one motor vehicle to value of $3,500 with provision re two motor vehicles to value of $7,000 in aggregate, added Subdiv. (20) re cash surrender value of life insurance policy, redesignated existing Subsec. (t) as Subdiv. (21) and amended same to replace provision re homestead exemption of $75,000, or $125,000 in case of money judgment arising out of hospital services, with provision re $250,000 and add exception re case of money judgment arising out of sexual abuse or exploitation of minor, sexual assault or other misconduct to value of $75,000.

Citations

Cited. 178 C. 675; 222 C. 361; 238 C. 778. Because the legislature did not direct otherwise, the homestead exemption contained in Subdiv. (21), as expanded by P.A. 21-161, S. 1, does not have retrospective effect, rather, the expanded exemption applies in all bankruptcy and postjudgment proceedings initiated on or after October 1, 2021, regardless of when the underlying debts accrued. 347 C. 284.

Cited. 22 CA 260; 33 CA 365. Trial court improperly created an exemption not provided by statute. 49 CA 503.

Subdiv. (21) (former Subsec. (t)):

Mortgage securing pre-existing judgment debt was consensual lien not subject to homestead exemption and waiver of exemption was not against public policy because exemption was waived voluntarily, knowingly and with aid of counsel. 332 C. 306.

Trial court lacked subject matter jurisdiction to act on homestead exemption claim to protect proceeds from voluntary sale from a judgment lien creditor. 130 CA 115. Once a foreclosure sale is confirmed and reduced to proceeds, homestead exemption rights attach to the proceeds of the sale. 156 CA 778. A mortgage is a consensual lien under Subdiv. and therefore a mortgage is exempt from the homestead exemption set forth in said Subdiv. 175 CA 770; judgment affirmed in part, see 332 C. 306. Statute expanding homestead exemption applies retroactively in cases where foreclosure action was filed before statute enactment but court's decision was rendered after enactment. 224 CA 571.

If prejudgment remedies are possible only to extent of equity in family home, the homestead exemption attachment as means of debt collection would be of limited use. 47 CS 590.

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