This bill amends West Virginia Code §38-10-4 to allow a surviving spouse to claim the homestead exemption of a deceased spouse, provided that the home they jointly owned is now owned by the surviving spouse. The new legal language specifies that if the debtor was a joint owner or tenant in common of the residence with a deceased spouse at the time of the spouse's death, the debtor's exempt interest will be the value of their primary residence.

Additionally, the bill introduces a provision that allows for the exemption of a payment by any governmental entity to subsidize the adoption of a minor child. The amendments aim to enhance the financial protections available to surviving spouses in bankruptcy proceedings, ensuring they can retain their home and benefit from the deceased spouse's exemptions.

Statutes affected:
Introduced Version: 38-10-4