33-1101. Homestead exemptions; persons entitled to hold homesteads; annual adjustment
(Caution: 1998 Prop. 105 applies)
A. Any person who is at least eighteen years of age, married or single, and who resides within this state may hold as a homestead exempt from attachment, execution and forced sale, not exceeding $400,000 in value, any one of the following:
1. The person's interest in real property in one compact body on 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, park model trailer, motor home, travel trailer, fifth wheel trailer, houseboat, manufactured home or other form of shelter in which the person resides plus the land on which that shelter 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 or a form of shelter prescribed by subsection A, paragraph 3 of this section plus the land on which it is located and are then divorced, the total exemption that is allowed for that residence to either or both persons shall not exceed $400,000 in value.
C. The homestead exemption, not exceeding the value provided for in subsection A of this section, as adjusted by subsection D of this section, 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. The homestead exemption does not attach to the person's interest in identifiable cash proceeds from refinancing the homestead property. Only one homestead exemption at a time may be held by a person under this section.
D. The homestead exemption provided by this section shall be adjusted annually beginning on January 1, 2024 and thereafter on January 1 of each successive year by the increase in the cost of living. The increase in the cost of living shall be measured by the percentage increase as of August of the immediately preceding year over the level as of August of the previous year of the consumer price index (all urban consumers, United States city average for all items) or its successor index as published by the United States department of labor, bureau of labor statistics, or its successor agency, with the amount of the exemption rounded up to the nearest $100.
E. For the purposes of determining the amount of equity in a homestead property that is sold or for determining whether the property owner is receiving cash back from refinancing the homestead property, the parties may rely on the valuation of the property in the final closing document disclosure that is used for that transaction.
F. For any case filed under title 11, United States Code, the amount of the debtor's homestead exemption initially shall be determined as of the date the bankruptcy petition is filed. If the value in the homestead is less than or equal to the amount prescribed in subsection A of this section at the time of filing, including any increase prescribed by subsection D of this section, the homestead property is one hundred percent exempt and any increase in the value of the homestead during the pendency of the bankruptcy case is one hundred percent exempt without regard to whether the debtor's interest increases above the amount prescribed by subsection A of this section, including any increase prescribed by subsection D of this section.
Notes of Decisions
In Re: Steven R. Drummond, Mary A. Drummond, 543 P.3d 1022 (Ariz. 2024).
· cites it 68× “The statute applies to four residence types and reads in relevant part: 1 In discussing § 33-1101, this Opinion is only referring to the homestead exemption effective January 1, 2022.”
Matcha v. Winn, 638 P.2d 1361 (Ariz. Ct. App. 1981).
· cites it 18× “” A.R.S. § 33-1101 is the general statute conferring the homestead exemption to “[a]ny person .”
Rogone v. Correia, 335 P.3d 1122 (Ariz. Ct. App. 2014).
· cites it 6× “A reading of AR.S. § 33-1101(A) together with other statutory sections of the homestead exemption scheme further leads us to hold that the court erred by relying on equitable grounds to deny Rose the exemption.”
Ford v. Konnoff, 356 B.R. 201 (9th Cir. BAP 2006).
· cites it 7× “A.R.S. § 33-1101(0 (West 2006). “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.”
White v. Brown (In Re White), 389 B.R. 693 (9th Cir. BAP 2008).
· cites it 4× “The appellant sold his Arizona homestead before filing the bankruptcy case in which he claimed the proceeds as exempt, but then did not reinvest them in a new homestead within the eighteen months required by Ariz.Rev.Stat. § 33-1101(C). Instead, he lost the proceeds in stock…”
Evans v. Young, 661 P.2d 1148 (Ariz. Ct. App. 1983).
· cites it 10× “Evans claims the right to foreclose his judgment lien against homestead property pursuant to A.”
In Re Irwin, 293 B.R. 28 (Bankr. D. Ariz. 2003).
· cites it 3× “” A.R.S. § 33-1101 provides: Any person the age of eighteen or over, married or single, who resides within *30 the state may hold as a homestead exempt from attachment, execution and forced sale, not exceeding one hundred thousand dollars in value, any one of the following: 1.”
Garcia v. Garcia (In Re Garcia), 168 B.R. 403 (D. Ariz. 1994).
· cites it 5× “” 33 A.R.S. § 33-1101(A)(1). The bankruptcy court found that while the evidence demonstrated that “the debtor was not physically residing [in her claimed residence] on a day to day basis, .”
Ageton v. Cervenka (In Re Ageton), 14 B.R. 833 (9th Cir. BAP 1981).
· cites it 4× “A.R.S. § 33-1101 (1056). The parties stipulated that the debtors' equity in the home (held as community property) was $27,240 slightly in excess of the judgment lien of $27,193.”
In re Smith, 515 B.R. 755 (Bankr. D. Ariz. 2014).
· cites it 23× “4 • On March 8, 2013, the Debtors filed a Motion To Determine That Proceeds From Post-Petition Sale Of Debtors’ Homestead Are Not Property Of The Estate Under A.R.S. § 33-1101(0 (“Motion To Determine”).”
Herberman v. Bergstrom, 816 P.2d 244 (Ariz. Ct. App. 1991).
· cites it 4× “A.R.S. § 33-1101 provides that an adult resident of Arizona may “hold as a homestead exempt from attachment, execution and forced sale, not exceeding one hundred thousand dollars in value” his equity interest in his residence.”
Grand Real Est., Inc. v. Sirignano, 676 P.2d 642 (Ariz. Ct. App. 1983).
· cites it 2× “(Emphasis added) The plaintiff in Evans claimed that the use of "homestead interest" rather than "homestead" indicated that only the statutorily fixed dollar amount of the homestead exemption was protected from execution and not the property itself.”
— Ariz. Rev. Stat. § 33-1101(0) — 3 cases
Ageton v. Cervenka (In Re Ageton), 14 B.R. 833 (9th Cir. BAP 1981).
“A.R.S. § 33-1101 (1056). The parties stipulated that the debtors' equity in the home (held as community property) was $27,240 slightly in excess of the judgment lien of $27,193.”
In re Smith, 515 B.R. 755 (Bankr. D. Ariz. 2014).
“4 • On March 8, 2013, the Debtors filed a Motion To Determine That Proceeds From Post-Petition Sale Of Debtors’ Homestead Are Not Property Of The Estate Under A.R.S. § 33-1101(0 (“Motion To Determine”).”
— Ariz. Rev. Stat. § 33-1101(A) — 17 cases
In Re: Steven R. Drummond, Mary A. Drummond, 543 P.3d 1022 (Ariz. 2024).
“The statute applies to four residence types and reads in relevant part: 1 In discussing § 33-1101, this Opinion is only referring to the homestead exemption effective January 1, 2022.”
Rogone v. Correia, 335 P.3d 1122 (Ariz. Ct. App. 2014).
“A reading of AR.S. § 33-1101(A) together with other statutory sections of the homestead exemption scheme further leads us to hold that the court erred by relying on equitable grounds to deny Rose the exemption.”
In re Smith, 515 B.R. 755 (Bankr. D. Ariz. 2014).
“4 • On March 8, 2013, the Debtors filed a Motion To Determine That Proceeds From Post-Petition Sale Of Debtors’ Homestead Are Not Property Of The Estate Under A.R.S. § 33-1101(0 (“Motion To Determine”).”
— Ariz. Rev. Stat. § 33-1101(A)(1) — 9 cases
Rogone v. Correia, 335 P.3d 1122 (Ariz. Ct. App. 2014).
“A reading of AR.S. § 33-1101(A) together with other statutory sections of the homestead exemption scheme further leads us to hold that the court erred by relying on equitable grounds to deny Rose the exemption.”
Garcia v. Garcia (In Re Garcia), 168 B.R. 403 (D. Ariz. 1994).
“” 33 A.R.S. § 33-1101(A)(1). The bankruptcy court found that while the evidence demonstrated that “the debtor was not physically residing [in her claimed residence] on a day to day basis, .”
In Re: Steven R. Drummond, Mary A. Drummond, 543 P.3d 1022 (Ariz. 2024).
“The statute applies to four residence types and reads in relevant part: 1 In discussing § 33-1101, this Opinion is only referring to the homestead exemption effective January 1, 2022.”
— Ariz. Rev. Stat. § 33-1101(A)(2) — 1 case
In Re: Steven R. Drummond, Mary A. Drummond, 543 P.3d 1022 (Ariz. 2024).
“The statute applies to four residence types and reads in relevant part: 1 In discussing § 33-1101, this Opinion is only referring to the homestead exemption effective January 1, 2022.”
— Ariz. Rev. Stat. § 33-1101(A)(3) — 1 case
In Re: Steven R. Drummond, Mary A. Drummond, 543 P.3d 1022 (Ariz. 2024).
“The statute applies to four residence types and reads in relevant part: 1 In discussing § 33-1101, this Opinion is only referring to the homestead exemption effective January 1, 2022.”
— Ariz. Rev. Stat. § 33-1101(A)(4) — 1 case
In Re: Steven R. Drummond, Mary A. Drummond, 543 P.3d 1022 (Ariz. 2024).
“The statute applies to four residence types and reads in relevant part: 1 In discussing § 33-1101, this Opinion is only referring to the homestead exemption effective January 1, 2022.”
— Ariz. Rev. Stat. § 33-1101(A)(l) — 1 case
Garcia v. Garcia (In Re Garcia), 168 B.R. 403 (D. Ariz. 1994).
“” 33 A.R.S. § 33-1101(A)(1). The bankruptcy court found that while the evidence demonstrated that “the debtor was not physically residing [in her claimed residence] on a day to day basis, .”
— Ariz. Rev. Stat. § 33-1101(B) — 4 cases
In Re: Steven R. Drummond, Mary A. Drummond, 543 P.3d 1022 (Ariz. 2024).
“The statute applies to four residence types and reads in relevant part: 1 In discussing § 33-1101, this Opinion is only referring to the homestead exemption effective January 1, 2022.”
In re Pace, 521 B.R. 124 (Bankr. N.D. Miss. 2014).
— Ariz. Rev. Stat. § 33-1101(C) — 12 cases
Ford v. Konnoff, 356 B.R. 201 (9th Cir. BAP 2006).
“A.R.S. § 33-1101(0 (West 2006). “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.”
White v. Brown (In Re White), 389 B.R. 693 (9th Cir. BAP 2008).
“The appellant sold his Arizona homestead before filing the bankruptcy case in which he claimed the proceeds as exempt, but then did not reinvest them in a new homestead within the eighteen months required by Ariz.Rev.Stat. § 33-1101(C). Instead, he lost the proceeds in stock…”
Ageton v. Cervenka (In Re Ageton), 14 B.R. 833 (9th Cir. BAP 1981).
“A.R.S. § 33-1101 (1056). The parties stipulated that the debtors' equity in the home (held as community property) was $27,240 slightly in excess of the judgment lien of $27,193.”
In re Smith, 515 B.R. 755 (Bankr. D. Ariz. 2014).
“4 • On March 8, 2013, the Debtors filed a Motion To Determine That Proceeds From Post-Petition Sale Of Debtors’ Homestead Are Not Property Of The Estate Under A.R.S. § 33-1101(0 (“Motion To Determine”).”
— Ariz. Rev. Stat. § 33-1101(c) — 1 case
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