This pamphlet provides an overview of homestead filing. Topics covered include the purpose of homestead laws, general requirements, and homestead waivers.
Arizona USLegal Pamphlet on Homestead Filing
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Any person, married or single, age 18 and older residing in the state of Arizona is entitled to own a domicile and hold a homestead. Further, homestead protection applies to dwelling houses, condominiums, mobile homes, and the land upon which that mobile home is located if the person resides in any of these places.
Per ARS § 33-1102(A), the exemption is held by operation of law and no written claim or recording is required. If a person owns more than one home in Arizona, the creditor can require the homeowner to record a declaration of homestead to designate which property will be protected by the homestead exemption.
Generally, a homestead is the primary residence of an owner that is protected from seizure or sale of debt under the homestead exemption. State governments may honor federal exemptions or establish their own exemptions instead and prohibit debtors from claiming exemptions under federal bankruptcy law.
Arizona has a law which allows a homeowner to protect $150,000 in equity from general creditors. It does not apply to mortgage companies or any creditor who has been given a consensual lien from the homeowner. It is called a homestead exemption. It applies to all people who have an interest in property in Arizona.
Arizona's current homestead protection law affords homeowners the right to shield $150,000.00 of equity from creditors. Now, the Arizona legislature has elected to increase the homestead exemption from $150,000.00 to $250,000.00 effective January 1, 2022.
Any person, married or single, age 18 and older residing in the state of Arizona is entitled to own a domicile and hold a homestead. Further, homestead protection applies to dwelling houses, condominiums, mobile homes, and the land upon which that mobile home is located if the person resides in any of these places.
How to Homestead in ArizonaObtain a Homestead Declaration Form.Complete the Homestead Declaration Form.Have the form notarized.Submit the Homestead Declaration Form.
The Arizona homestead exemption applies to a person's residence where they reside and is automatic you do not need to file a homestead declaration to claim the exemption. In May 2021, Governor Ducey signed into law Arizona House Bill 2617, which addresses the homestead exemption.
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