Ohio law shields certain property from most creditors through the exemptions in R.C. 2329.66. Protected assets include equity in your home up to the homestead limit, one motor vehicle, household goods and furnishings, tools of your trade, most retirement accounts and IRAs, and support and disability payments. Many of these dollar limits adjust for inflation every three years.
Ohio’s exemption statute, R.C. 2329.66, shields your home equity, a vehicle, household goods, retirement accounts, and IRAs from most creditors. Learn what a judgment creditor can and cannot reach in Ohio.
- What Does “Exempt From Creditors” Mean in Ohio? In Ohio, an exemption is a category of property that a judgment creditor cannot seize to satisfy a debt.
- Is My Home Protected? (Homestead) Ohio’s homestead exemption protects a portion of the equity in your primary residence from creditors.
- Are My Retirement Accounts and IRAs Protected? Yes.
- What Personal Property Is Exempt? Beyond the home, R.C. 2329.66 exempts several categories of personal property up to set dollar limits.
- What Is NOT Protected From Creditors? Ohio exemptions have real limits.
- How Do I Claim an Exemption? Exemptions in Ohio are per-debtor and often must be claimed rather than applying automatically.
What Does “Exempt From Creditors” Mean in Ohio?
In Ohio, an exemption is a category of property that a judgment creditor cannot seize to satisfy a debt. R.C. 2329.66 lists the exemptions available to an individual debtor, and each category carries its own dollar limit. Exempt property stays with you even after a creditor wins a judgment, up to the amount the statute protects.
Ohio law protects exempt property from execution on a judgment. A judgment creditor who wins in court can garnish wages, levy on a bank account, or force the sale of non-exempt assets, but the creditor cannot reach property the statute places out of bounds. The exemptions are per-debtor, so a married couple can often each claim a separate exemption in jointly owned property. Many of the limits, including the homestead exemption, adjust for inflation on a triennial basis, which is why exact figures change over time. Being “judgment proof” in Ohio usually means your income and property all fall within these exempt categories, leaving a creditor with nothing to collect. Exemptions are also a foundation of any broader asset protection plan, not a substitute for one.
Source: Ohio R.C. 2329.66Is My Home Protected? (Homestead)
Ohio’s homestead exemption protects a portion of the equity in your primary residence from creditors. R.C. 2329.66(A)(1) sets the protected amount, and that figure adjusts for inflation every three years. The exemption covers equity, meaning value above what you still owe, and it does not stop a mortgage lender from foreclosing.
The homestead exemption shields home equity up to a dollar cap written into R.C. 2329.66(A)(1). Ohio adjusts that cap for inflation on a three-year cycle, so the protected amount rises over time and the current figure is published with the statute rather than fixed in any article. If your equity exceeds the cap, a creditor may be able to reach the surplus, though forcing a sale of a home is often impractical. The exemption applies to the residence you actually occupy, not to a rental or vacation property. Note that Ohio abolished tenancy by the entireties for property acquired after 1985, so most married couples cannot rely on entireties ownership to shield a home; they use the homestead exemption and planning tools instead. For families who want protection beyond the statutory cap, an Ohio legacy trust can hold assets under a different set of rules.
Are My Retirement Accounts and IRAs Protected?
Yes. R.C. 2329.66(A)(10) exempts most tax-qualified retirement plans and individual retirement accounts from creditors in Ohio. ERISA-governed plans such as 401(k) accounts receive separate, robust protection under federal law. The protection applies to money held inside the account, so funds you withdraw can lose their exempt status.
R.C. 2329.66(A)(10) protects qualified retirement funds from creditors. The exemption reaches pensions, profit-sharing plans, IRAs, and similar tax-advantaged accounts, which for many Ohioans hold the largest share of their net worth. Federal ERISA protection covers most employer-sponsored 401(k) plans regardless of the state exemption. This is why retirement savings often survive a lawsuit or judgment intact when other assets do not. The same statute also exempts certain disability benefits and support payments, and separate provisions protect life insurance and annuity proceeds under R.C. 3911.10. Ohio 529 college savings plan contributions receive their own protection as well, subject to the limits and timing the statute sets.
What Personal Property Is Exempt?
Beyond the home, R.C. 2329.66 exempts several categories of personal property up to set dollar limits. These include one motor vehicle, household goods and furnishings, tools of the trade, a limited amount of cash or bank funds, and a general “wildcard” exemption you can apply to almost any property. Each category has its own cap, and several adjust for inflation.
R.C. 2329.66 exempts one motor vehicle up to a set equity limit. The statute exempts household goods, furnishings, appliances, and similar items, subject to per-item and aggregate limits. Tools of the trade, meaning the implements and books you use to earn a living, are exempt up to their own statutory limit. Ohio’s “poverty exemption,” a modest amount of cash or money in a bank account, is protected up to a statutory limit. A catch-all, or wildcard, exemption covers an aggregate interest in any property and, under the statute, applies in bankruptcy proceedings. Every one of these dollar limits adjusts for inflation on a three-year cycle, so R.C. 2329.66 itself, not a figure quoted in an article, is the place to confirm the current amounts.
Source: Ohio R.C. 2329.66What Is NOT Protected From Creditors?
Ohio exemptions have real limits. They do not defeat consensual liens, so a mortgage lender or auto lender you granted a security interest to can still foreclose or repossess despite the homestead or vehicle exemption. Exemptions also generally do not stop claims for unpaid taxes or for court-ordered child and spousal support.
Exemptions protect against ordinary judgment creditors, not against every claim. Any equity above a category’s statutory cap is exposed, and property that fits no exempt category, such as a second home, investment real estate, valuable collectibles, or a non-retirement brokerage account, can be reached by a judgment creditor. Government tax authorities and domestic-support obligations sit largely outside the exemption scheme. Transfers made to dodge an existing or foreseeable creditor can also be unwound as fraudulent transfers, which is why timing and planning matter. Business owners in particular often need protection that statutory exemptions alone cannot provide, a topic covered in asset protection for business owners.
Source: Ohio R.C. 2329.66How Do I Claim an Exemption?
Exemptions in Ohio are per-debtor and often must be claimed rather than applying automatically. When a creditor tries to garnish wages, levy on a bank account, or seize property, Ohio procedure gives you a chance to assert your exemptions under R.C. 2329.66, usually within a short deadline after you receive notice.
The debtor bears responsibility for asserting an available exemption. If you do not file to claim an exemption on time, a creditor may be able to reach property the statute would otherwise protect. The process typically involves identifying the property, citing the exemption category and its limit, and filing with the court handling the collection. Because deadlines are short and the dollar limits change, acting quickly and confirming current figures is important. For long-term protection that does not depend on claiming exemptions after a creditor appears, advance planning through vehicles such as a legacy trust or, in the long-term-care context, Medicaid trusts, gives you a stronger and more predictable structure.
Source: Ohio R.C. 2329.66 and 5816Frequently Asked Questions
Are my retirement accounts protected from creditors in Ohio?
Yes. R.C. 2329.66(A)(10) exempts most tax-qualified retirement plans and individual retirement accounts from creditors in Ohio, and ERISA-governed plans such as 401(k) accounts receive separate protection under federal law. The protection applies to money held inside the account, so funds you withdraw and deposit elsewhere can lose their exempt character.
How much home equity does the Ohio homestead exemption protect?
Ohio’s homestead exemption under R.C. 2329.66(A)(1) protects a set dollar amount of equity in your primary residence, and that amount adjusts for inflation every three years. The exemption covers equity rather than the home’s full value, and it does not stop a mortgage lender from foreclosing on a loan secured by the property.
Can any creditor reach exempt property in Ohio?
Some can. Ohio exemptions do not defeat consensual liens such as a mortgage or car loan, and they generally do not stop claims for unpaid taxes or court-ordered child and spousal support. Exemptions protect against ordinary judgment creditors, not against a lender you gave a security interest to or against certain government obligations.
Does Ohio still allow tenancy by the entireties to protect a married couple’s home?
No, not for most Ohioans. Ohio abolished tenancy by the entireties for property acquired after 1985, so it is not an available asset-protection strategy for property bought after that date. Married couples in Ohio rely on the homestead exemption and other planning tools rather than entireties ownership to shield home equity.
Does bankruptcy use the same exemptions as Ohio judgment collection?
Largely yes. Ohio has opted out of the federal bankruptcy exemptions, so an Ohio debtor in bankruptcy claims the state exemptions listed in R.C. 2329.66, the same statute that governs judgment collection outside bankruptcy. The specific dollar limits are set by statute and adjust for inflation on a triennial basis.
How do I claim an exemption from a creditor in Ohio?
Exemptions are per-debtor and often must be claimed rather than applying automatically. When a creditor tries to garnish or levy on your property, Ohio procedure lets you file to assert an exemption under R.C. 2329.66, usually within a short deadline. Missing that deadline can allow a creditor to reach property that the statute would otherwise protect.
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