HB 5393 West Virginia House of Delegates · 2026 Regular Session

Relating to resident protection

HB 5393 amends West Virginia's bankruptcy law to allow surviving spouses to claim their deceased spouse's homestead exemption if they continue living in the home they owned together. The bill specifically adds that a surviving spouse may claim the deceased spouse's $35,000 homestead exemption (the current limit for primary residences) as long as the home remains owned by the surviving spouse. This change directly affects married couples where one spouse dies while owning a home, ensuring the surviving spouse retains protection for their primary residence in bankruptcy proceedings. The provision does not alter existing exemption amounts or create new categories beyond the surviving spouse scenario.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 10, 2026 Last action Feb 10, 2026
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Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
2
Feb 10, 2026
Committee
To House Finance
lower
Feb 10, 2026
Introduced
Introduced in House
lower
Feb 10, 2026
Committee
To Finance
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Bill Roop
Bill Roop
RRepublican
WV
44