Homestead Laws

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 $400,000 in value, any one of the following: The person's interest in real property in one compact body upon which exists a dwelling house in which the person resides. The person's interest in one condominium or cooperative in which the person resides. A mobile home in which the person resides. A mobile home in which the person resides plus the land upon which that mobile home is located. Only one homestead exemption may be held by a married couple or a single person. (A.R.S. § 33-1101) Real property that is subject to the homestead exemption is exempt from involuntary sale under a judgment or lien, except in connection with aconsensual lien, including a mortgage or deed of trust, or contract of conveyance. (A.R.S. § 33-1103) Any recorded consensual lien, including a mortgage or deed of trust, encumbering homestead property shall not be subject to or affected by the homestead claim or exemption. (A.R.S. § 33-1104) A judgment creditor other than a mortgagee or beneficiary under a trust deed may elect to sell by judicial sale the property in which the judgment debtor has a homestead, provided that the judgment debtor's interest in the property shall exceed the sum of the judgment debtor's homestead plus the amount of any consensual liens on the property having priority to the judgment. (A.R.S. § 33-1105)

For homestead purposes, Arizona case law has held that a self-propelled motor home can qualify as a “mobile home in which [debtor] resides.” In re Irwin, 293 B.R. 28 (Bankr. D. Ariz. 2003).

Arizona law and procedure is not clear how a judgment creditor goes about realizing on suspected equity over and above the $100,000 homestead amount. If a person owns more than one property that may be entitled to homestead exemption, a creditor may require that person to designate a specific homestead property. A.R.S. § 33-1102(A). Arizona residents are not entitled to claim federal exemptions provided by the Federal Bankruptcy Code. A.R.S. § 33-1133.