When filing for bankruptcy, there are homestead exemptions that protect the equity of your home. Read on to learn more about the Arizona specific homestead exemption.
Arizona’s Homestead Exemption
Arizona has it’s own set of laws regarding exemptions and does not follow the federal exemptions. Under Arizona’s state exemptions, Arizona homeowners are able to exempt up to $150,000 of their home or other property. This is covered under the state’s homestead exemption.
Other states allow for the homestead exemption to be doubled for married couples. Doubling an exemption means both spouses are able to put an exemption claim against the same asset.
Arizona does not allow for exemptions to be doubled. Regardless of if they are married or single, under the homestead exemption rules, the property will only be exempt up to the $150,000 cap.
Under the Arizona homestead exemption law, the following things (up to $150,000 in value) are exempt:
- homes and the land upon which a home resides
- condominiums or cooperatives
- mobile homes, and
- mobile homes and the land upon which a mobile home resides if the owner also owns the land.
For all of the above instances, the dwelling (house, condominium, cooperative, or mobile home) must be the filer’s primary “residence.” This means that either the debtor, or the debtor and the spouse must actually live in the dwelling.
The homestead exemption also applies to any cash proceeds that are obtained as a result of a sale of a homestead property. The proceeds will remain exempt for 18 months following the sale of the property, or until those proceeds are used to purchase a new homestead (whichever time is shorter).
Declaring Homestead Exemptions
You are not required to file a homestead declaration in Arizona in order to claim the exemption from bankruptcy. It’s considered automatic. But if you have more than one property for which the exemption could apply, a creditor might require that you designate one of your homes as the one that will be exempted.
Child and Spousal Support Liens
The Arizona homestead exemption does not exempt property from liens for child or spousal support arrearages (when a payment is over-due). If an Arizona court has reduced a child or spousal support arrearage to a judgment, then a homestead exemption will not apply to that judgment. The homestead may then be subject to a forced salein order to pay off the judgment amount.
Working with a Bankruptcy Attorney
Bankruptcy can be an overwhelming process. That’s why we advise that you work with a phoenix business bankruptcy lawyer that is familiar with various debt repayment options. We are committed to helping our clients understand their rights and options under the bankruptcy law and developing the debt relief solution that makes the most sense for each individual. We invite you to call (602) 648-3274 or contact our Arizona office to schedule a free initial consultation.
668 N. 44th St., Ste 320, Phoenix, AZ 85008