Bankruptcy exemptions in North Dakota: what you can keep
Every North Dakota exemption with its amount and law, plus the federal rules that limit them.
Checked against official sources: October 25, 2026.
Short answer
In North Dakota you use state exemptions only (exemptions are the property the law lets you keep). Your home (homestead): $150,000 in equity in the land you live on and your house, including improvements; the land must be one tract or contiguous tracts.
- Exemption system
- State exemptions only
- Car or other vehicle
- $10,000 in equity in one motor vehicle; $50,000 if the vehicle was modified at a cost of at least $1,500 for an owner with a permanent physical disability.
- Wildcard (any property)
- $7,500 in any personal property (including money) if you are the head of a family (married, supporting relatives living with you, or paying support for minor children of a previous marriage); $3,750 if you are unmarried with no dependents.
- Amounts
- Amounts in the North Dakota Century Code as compiled by the Legislative Council July 1, 2025 (chapters 28-22 and 47-18).
The North Dakota exemption list
Exemptions are the property the law lets you keep. You use the North Dakota list. The federal list is not available in North Dakota.
Law: N.D. Cent. Code 28-22-17
| What | North Dakota exemption |
|---|---|
Home (homestead) | $150,000 in equity (value above mortgages and liens) in the land you live on and your house, including improvements; the land must be one tract or contiguous tracts. A mobile home or house trailer you live in can be claimed instead, with the same $150,000 limit. A married couple has one homestead: it may be selected from either spouse's separate property with the other spouse's consent. North Dakota law does not say the $150,000 doubles for a married couple; when a married claimant's homestead is sold, the law speaks of one $150,000 to be paid to husband and wife. If you do not claim a homestead (for example, you rent), you may instead claim up to $25,000 in other property, but not if you, your spouse or another head of your family claims the homestead. Law: N.D. Cent. Code 47-18-01, 47-18-03, 47-18-14, 28-22-02(7), 28-22-02(10), 28-22-03.1(1) |
Car or other vehicle | $10,000 in equity in one motor vehicle; $50,000 if the vehicle was modified at a cost of at least $1,500 for an owner with a permanent physical disability Law: N.D. Cent. Code 28-22-03.1(2) |
Household goods and clothing | Fully exempt: family pictures, a pew, a burial lot, the family Bible or other primary religious text, schoolbooks and family library books, one year's supply of food and provisions and heating and vehicle fuel, and professionally prescribed health aids. Wearing apparel up to $5,000 in value, plus all clothing of you and your family. There is no separate household goods exemption; furniture and other goods can be protected with the wildcard. Law: N.D. Cent. Code 28-22-02(1)-(6); N.D. Cent. Code 28-22-03.1(6) |
Wildcard (any property) | $7,500 in any personal property (including money) if you are the head of a family (married, supporting relatives living with you, or paying support for minor children of a previous marriage); $3,750 if you are unmarried with no dependents. Real estate cannot be claimed with this exemption. Separately, if you claim no homestead, you may claim up to $25,000 in other property in lieu of the homestead. Law: N.D. Cent. Code 28-22-01.1, 28-22-03, 28-22-05, 28-22-03.1(1) |
Tools of your trade | $10,000 total in tools, implements or professional books of your trade or a dependent's trade Law: N.D. Cent. Code 28-22-03.1(3) |
Wages | Wages are protected only to the extent of the garnishment limits: a creditor can take no more than the lesser of 25% of weekly disposable earnings or the amount above 40 times the federal minimum wage, reduced by $20 a week for each dependent living with you. Law: N.D. Cent. Code 28-22-18; N.D. Cent. Code 32-09.1-03 |
Retirement accounts | Tax-exempt retirement accounts (401(k), 403(b), IRA, Roth IRA, 457 and similar) that have existed for at least one year are exempt up to $200,000 per account and $400,000 total, and above that to the extent reasonably necessary to support you and your dependents. Pensions and benefits from North Dakota state and local government retirement systems and firefighter relief associations are exempt. Law: N.D. Cent. Code 28-22-03.1(7); N.D. Cent. Code 28-22-19(1) |
Public benefits | Your right to receive Social Security, veterans' disability pension benefits, and disability, illness or unemployment benefits is exempt (Social Security and veterans' disability benefits are not exempt from child support orders). Crime victim compensation awards and assistance payments for dependent children are exempt. Law: N.D. Cent. Code 28-22-03.1(8)(a)-(c); N.D. Cent. Code 28-22-19(2)-(3) |
Other exemptions |
Law: N.D. Cent. Code 28-22-03.1(4)-(5); N.D. Cent. Code 28-22-03.1(9); N.D. Cent. Code 28-22-03.1(8)(d); N.D. Cent. Code 28-22-02(8) |
Amounts: Amounts in the North Dakota Century Code as compiled by the Legislative Council July 1, 2025 (chapters 28-22 and 47-18). The vehicle, tools, in-lieu-of-homestead, life insurance cash value and retirement amounts were set by Senate Bill 2206 (2023). Amounts are fixed in statute, not indexed.
Your home in North Dakota
$150,000 in equity (value above mortgages and liens) in the land you live on and your house, including improvements; the land must be one tract or contiguous tracts. A mobile home or house trailer you live in can be claimed instead, with the same $150,000 limit.
A married couple has one homestead: it may be selected from either spouse's separate property with the other spouse's consent. North Dakota law does not say the $150,000 doubles for a married couple; when a married claimant's homestead is sold, the law speaks of one $150,000 to be paid to husband and wife. If you do not claim a homestead (for example, you rent), you may instead claim up to $25,000 in other property, but not if you, your spouse or another head of your family claims the homestead.
Law: N.D. Cent. Code 47-18-01, 47-18-03, 47-18-14, 28-22-02(7), 28-22-02(10), 28-22-03.1(1)
Retirement money
Tax-exempt retirement accounts (401(k), 403(b), IRA, Roth IRA, 457 and similar) that have existed for at least one year are exempt up to $200,000 per account and $400,000 total, and above that to the extent reasonably necessary to support you and your dependents. Pensions and benefits from North Dakota state and local government retirement systems and firefighter relief associations are exempt.
Law: N.D. Cent. Code 28-22-03.1(7); N.D. Cent. Code 28-22-19(1)
Retirement money in tax-exempt accounts is protected whichever set of exemptions you use (IRAs subject to the 522(n) cap).
Law: 11 U.S.C. 522(b)(3)(C), 522(d)(12), 522(n)
If you moved in the last 2 years
You use the exemption law of the state where you lived (your domicile) for the full 730 days (2 years) before you filed. If you moved between states during those 2 years, you use the law of the state where you lived for the 180 days before that 2-year period, or where you lived the longest part of those 180 days.
Law: 11 U.S.C. 522(b)(3)(A)
If this rule leaves you with no exemptions at all (for example, the state's exemptions apply only to its residents and you no longer live there), you can use the federal exemptions instead.
Law: 11 U.S.C. 522(b)(3), flush language
What changed in 2024–2026 in North Dakota
No exemption amounts changed in 2024-2026. The current amounts date from a 2023 law (Senate Bill 2206). A 2025 bill on the homestead (House Bill 1343) failed.
In nearby states
- South Dakota: State exemptions only. Home (homestead): no dollar limit on the value of the home itself.
- Minnesota: State or federal, your choice. Home (homestead): $540,000 in equity, or $1,350,000 if the homestead is used mainly for farming (amounts effective July 1, 2026).
- Nebraska: State exemptions only. Home (homestead): $120,000 in value.
- Montana: State exemptions only. Home (homestead): $350,000 in 2021, increased by 4% every calendar year after 2021.
What to do now in North Dakota
Make a property list
List each thing you own and what it is worth on Official Form 106A/B.
Compare with the list
For each item, find the North Dakota exemption that covers it and its limit.
Claim your exemptions
The exemptions you choose go on Official Form 106C.
Free help in North Dakota
- Legal Services of North Dakota (free civil legal aid; separate line for people 60 and older: 1-866-621-9886) · 1-800-634-5263
- U.S. Bankruptcy Court, District of North Dakota — Filing Without an Attorney
- Find free legal aid at LawHelp.org
- U.S. Bankruptcy Court for the District of North Dakota – Court's self-help page
Questions about exemptions in North Dakota
Does North Dakota let me choose the federal exemptions?
No. North Dakota requires you to use the state exemptions.
How much home equity can I keep in North Dakota?
$150,000 in equity (value above mortgages and liens) in the land you live on and your house, including improvements; the land must be one tract or contiguous tracts. A mobile home or house trailer you live in can be claimed instead, with the same $150,000 limit.
What is the vehicle exemption in North Dakota?
$10,000 in equity in one motor vehicle; $50,000 if the vehicle was modified at a cost of at least $1,500 for an owner with a permanent physical disability
Is there a wildcard in North Dakota?
$7,500 in any personal property (including money) if you are the head of a family (married, supporting relatives living with you, or paying support for minor children of a previous marriage); $3,750 if you are unmarried with no dependents. Real estate cannot be claimed with this exemption. Separately, if you claim no homestead, you may claim up to $25,000 in other property in lieu of the homestead.
Are furniture and clothes exempt in North Dakota?
Fully exempt: family pictures, a pew, a burial lot, the family Bible or other primary religious text, schoolbooks and family library books, one year's supply of food and provisions and heating and vehicle fuel, and professionally prescribed health aids. Wearing apparel up to $5,000 in value, plus all clothing of you and your family. There is no separate household goods exemption; furniture and other goods can be protected with the wildcard.
Is my 401(k) or IRA protected in a North Dakota bankruptcy?
Tax-exempt retirement accounts (401(k), 403(b), IRA, Roth IRA, 457 and similar) that have existed for at least one year are exempt up to $200,000 per account and $400,000 total, and above that to the extent reasonably necessary to support you and your dependents. Pensions and benefits from North Dakota state and local government retirement systems and firefighter relief associations are exempt.
What is the wage exemption in North Dakota?
Wages are protected only to the extent of the garnishment limits: a creditor can take no more than the lesser of 25% of weekly disposable earnings or the amount above 40 times the federal minimum wage, reduced by $20 a week for each dependent living with you.