(a) The homestead of every resident of this state, including improvements and appurtenances, which does not exceed 160 acres in size and is valued at no more than: (i) fifteen thousand dollars ($15,000); or (ii) fifty-six thousand four hundred dollars ($56,400) if the resident is either 62 years of age or older or an individual with a disability, shall be exempt from levy, sale, execution or other process for debt collection during his or her lifetime and occupancy to the extent of any interest he or she may have in the property, whether a fee simple or less estate held individually or jointly. If he or she leaves a surviving spouse and a minor child, or children, or either, the exemption applies during the lifetime of the surviving spouse and minority of the child, or children, but the size of the homestead shall not be increased due to any encumbrance on the property or of the nature of the estate or interest he or she owns. When a homestead is jointly owned, each owner is entitled to claim the exemption separately to the same extent and value as an unmarried individual. For purposes of this section and Sections 6-10-38 and 6-10-40, a mobile home or similar dwelling used as the principal residence of the individual claiming the exemption shall be considered a homestead.
(b) For the purposes of this section, “individual with a disability” has the same meaning as the term is defined in Section 21-7-1. Proof of disability shall include any of the following:
(1) A disability determination letter from: (i) the armed services; (ii) a state or federal government agency; (iii) a private insurer; or (iv) a workers compensation settlement agreement.
(2) Receipt of benefits resulting from a disability determination in subdivision (1).
(3) Written and sworn affidavits of two physicians licensed to practice medicine in Alabama who certify the disability, provided that at least one of the physicians is actively providing treatment directly related to the disability of the individual seeking the exemption. Physician affidavits must be on a form prescribed by the Alabama Department of Revenue for seeking an ad valorem exemption pursuant to Section 40-9-21.
(Code 1876, §2820; Code 1886, §2507; Code 1896, §2033; Code 1907, §4160; Code 1923, §7882; Code 1940, T. 7, §625; Acts 1980, No. 80-569, p. 879, §2; Act 2015-484, §1; Act 2026-203, §1.)
Notes of Decisions
Cited in
51
cases (
1 in the last 5 years), 1981–2023 · leading case:
In Re Scudder, 97 B.R. 617 (Bankr. S.D. Ala. 1989).
In Re Scudder, 97 B.R. 617 (Bankr. S.D. Ala. 1989).
· cites it 6× “The applicable state law in this case is Code of Alabama 1975, 6-10-2, which provides an exemption in the amount of up to $5,000.”
In Re Rester, 46 B.R. 194 (S.D. Ala. 1984).
· cites it 7× “Code 6-10-1 (1975); §§ 6-10-2, 6 (Supp. 1983). Prior Alabama law allowed an exemption of $2,000.”
Goldsby v. Stewart, 46 B.R. 692 (S.D. Ala. 1983).
· cites it 4× “Ala.Code §§ 6-10-2, 6-10-6 and 6-10-11 (1975).”
Fed. Nat'l Mortg. Ass'n v. Wheeler (In Re Wheeler), 34 B.R. 818 (Bankr. N.D. Ala. 1983).
· cites it 2× “See Ala. Code § 6-10-2 (Supp.1982). Inasmuch as the chapter 13 trustee has not attempted to avoid this transfer, the debtor is entitled to proceed with this action.”
Whittington v. Gilbralter Sav. & Loan Ass'n (In Re Spain), 103 B.R. 286 (N.D. Ala. 1988).
· cites it 4× “Code §§ 6-10-2 & 3) provide for and protect the right to homestead, within the size limits and value therein prescribed, as against levy and sale under execution or other process for the collection of debts, that right does not exist as against purchase money mortgagees.”
In Re Thomas, 291 B.R. 189 (Bankr. M.D. Ala. 2003).
· cites it 2× “Ala. Code § 6-10-2 . The Debtor’s schedules indicate equity of $4,000, which is $1,000 less than the maximum allowed under Alabama law.”
In Re Phillips, 439 B.R. 892 (Bankr. N.D. Ala. 2010).
· cites it 2× “Ala.Code § 6-10-2 (1975). No party in interest timely challenged the Debtors’ claimed exemptions.”
Barnes v. Sawyer (In Re Barnes), 326 B.R. 832 (Bankr. M.D. Ala. 2005).
· cites it 2× “Ala.Code § 6-10-2. Barnes made a proper claim of exemption in his Schedules.”
Allen v. Jim Walter Homes, Inc. (In Re Hartley), 75 B.R. 394 (S.D. Ala. 1987).
· cites it 2× “’s third theory by which it asserts the inapplicability of the automatic stay is premised upon the contention that once property is claimed as exempt by the debtors, in this instance pursuant to Ala.Code § 6-10-2 (1975), 9 it is no longer property of the estate and, therefore,…”
Hines v. Scottsboro Inv. Grp., LLC (In re Hines), 564 B.R. 736 (Bankr. N.D. Ala. 2017).
· cites it 4× “Debtor is entitled to an exemption in the Property in the amount of $5,000 pursuant to Alabama Code § 6-10-2. 6. Based upon the Tax Assessor’s valuation of the Property on the Petition date and today, the Property has a fair market value of $288,000.”
— Ala. Code § 6-10-2(1975) — 1 case
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