Arizona law allows for certain individuals to hold homestead exemptions, which protect certain property from being seized and sold to satisfy the debts of the property owner. Arizona Revised Statute Section 33-1101 sets forth the basic rules about who may hold a homestead exemption and the type and amount of property that can be protected by a homestead exemption.
A.R.S. Section 33-1101 states:
A. Any person the age of eighteen or over, married or single, who resides within the state may hold as a homestead exempt from attachment, execution and forced sale, not exceeding one hundred fifty thousand dollars in value, any one of the following:
1. The person's interest in real property in one compact body upon which exists a dwelling house in which the person resides.
2. The person's interest in one condominium or cooperative in which the person resides.
3. A mobile home in which the person resides.
4. A mobile home in which the person resides plus the land upon which that mobile home is located.
B. Only one homestead exemption may be held by a married couple or a single person under this section. The value as specified in this section refers to the equity of a single person or married couple. If a married couple lived together in a dwelling house, a condominium or cooperative, a mobile home or a mobile home plus land on which the mobile home is located and are then divorced, the total exemption allowed for that residence to either or both persons shall not exceed one hundred fifty thousand dollars in value.
C. The homestead exemption, not exceeding the value provided for in subsection A, automatically attaches to the person's interest in identifiable cash proceeds from the voluntary or involuntary sale of the property. The homestead exemption in identifiable cash proceeds continues for eighteen months after the date of the sale of the property or until the person establishes a new homestead with the proceeds, whichever period is shorter. Only one homestead exemption at a time may be held by a person under this section.
If you are trying to collect a debt or are facing collection you should become familiar with Arizona's homestead laws. Other related statutes address how a homestead exemption may be claimed, certain exceptions, and abandonment of homestead property. Because these issues can be complex and the result of miscalculating the applicability of a homestead exemption can be devastating, you should consult with an Arizona lawyer if you have any quetions about Arizona's homestead exemption laws.