Arizona Revised Statutes

Ariz. Rev. Stat. § 33-1103 (2026)

Homestead exemption; extent of exemption; exceptions

✓ current as of May 2026

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A. Real property that is subject to the homestead exemption provided for in section 33-1101, subsection A is exempt from involuntary sale under a judgment or lien, except in connection with:

1. A consensual lien, including a mortgage or deed of trust, or contract of conveyance.

2. A lien for labor or materials claimed pursuant to section 33-981.

3. A lien for child support arrearages or spousal maintenance arrearages. An award of court ordered support is not a lien for the purposes of this paragraph unless one of the following applies:

(a) An arrearage has been reduced to judgment.

(b) A lien exists pursuant to section 25-516.

4. A recorded civil judgment or other nonconsensual lien that is not otherwise prescribed in this subsection if the debtor's equity in the real property exceeds the homestead exemption under section 33-1101.

B. A sale as described in subsection A of this section and not excepted by subsection A, paragraph 1, 2, 3 or 4 of this section is invalid and does not convey an interest in the homestead property, whether made under a judgment existing before or after the homestead is established.

C. In a contempt proceeding brought to enforce payment of any form of child support or spousal maintenance, the court may consider the portion of property claimed as exempt pursuant to section 33-1101, subsection A, as a resource from which an obligor has the ability to pay.

Notes of Decisions

Cited in 17 cases (2 in the last 5 years), 1974–2023 · leading case: Rogone v. Correia, 335 P.3d 1122 (Ariz. Ct. App. 2014).

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Rogone v. Correia, 335 P.3d 1122 (Ariz. Ct. App. 2014). · cites it 5× “In addition, § 33-964(B) provides that a recorded judgment shall not become a lien on any homestead except as provided under § 33-1103, and § 33-1104 articulates the ways by which a person may abandon a homestead.”

Evans v. Young, 661 P.2d 1148 (Ariz. Ct. App. 1983). · cites it 11× “” See A.R.S. § 33-1103. A.R.S. § 33-1105 repeatedly refers to “the property claimed” as a homestead and “premises claimed.”

Pac. W. Bank v. Castleton, 434 P.3d 1187 (Ariz. Ct. App. 2018). · cites it 7× “¶11 Addressing the interplay of judgment liens and the homestead exemption, § 33-964 provides in relevant part: Except as provided in § 33-1103, a recorded judgment shall not become a lien on any homestead property.”

Grand Real Est., Inc. v. Sirignano, 676 P.2d 642 (Ariz. Ct. App. 1983). · cites it 4× “This is evident in reading A.R.S. § 33-1103, which provides: A. The homestead, from the date of recording the claim, is exempt from attachment, execution and forced sale, and from sale under a judgment or lien existing prior to recording the claim, except: 1.”

In Re: Todd McLauchlan, 502 P.3d 975 (Ariz. 2022). · cites it 13× “” ¶10 But that language was amended in 2007 to read: “Except as provided in § 33-1103, a recorded judgment shall not become a lien on any homestead property.”

Maryland Nat'l Ins. v. Ozzie Young Drilling Co., 526 P.2d 402 (Ariz. Ct. App. 1974). · cites it 8× “First, was the decree of the Probate Court setting over the property to Meredith Harless void for lack of jurisdiction, and, hence, subject to collateral attack in these proceedings? Second, is the homestead statute, A.R.S. § 33-1103, unconstitutional under Art.”

Herberman v. Bergstrom, 816 P.2d 244 (Ariz. Ct. App. 1991). · cites it 4× “On appeal, appellants argue: (1) the trial court erroneously interpreted and applied A.R.S. § 33-1103 in allowing the homestead declaration priority over their deed of trust; (2) there are issues of fact as to whether the homestead claim is barred by waiver or estoppel; (3) the…”

In Re a Parcel of Real Prop. Known as 1632 N. Santa Rita, 801 P.2d 432 (Ariz. Ct. App. 1990). · cites it 2× “A.R.S. § 33-1103 provides that the homestead is exempt from process and from sale under a judgment or a lien existing prior to the recording of the claim.”

McLaws v. Kruger, 636 P.2d 95 (Ariz. 1981). · cites it 2× “Furthermore, A.R.S. § 33-1103(A) provides that “[t]he homestead, from the date of recording the claim, is exempt from attachment, execution and forced sale, and from sale under a judgment or lien existing prior to recording the claim * * Pursuant to these statutes, then, the…”

In Re Farnsworth, 384 B.R. 842 (Bankr. D. Ariz. 2008). “Ariz.Rev.Stat. § 33-1103 (Amended 2007) (emphasis supplied) White contends that the state court order treated the lien as a consensual lien, based on the parties’ conduct, and gave no homestead exemption credit to the Debtor.”

Helvetica Servicing, Inc. v. Giraudo, 389 P.3d 867 (Ariz. Ct. App. 2017). · cites it 2× “” And A.R.S. § 33-1103(A) provides that a homestead is exempt from sale under a “judgment or lien” but is not exempt from sale under “[a] consensual lien, including a mortgage or deed of trust.”

Show all 17 citing cases →

— Ariz. Rev. Stat. § 33-1103(A) — 6 cases

Rogone v. Correia, 335 P.3d 1122 (Ariz. Ct. App. 2014). “In addition, § 33-964(B) provides that a recorded judgment shall not become a lien on any homestead except as provided under § 33-1103, and § 33-1104 articulates the ways by which a person may abandon a homestead.”

McLaws v. Kruger, 636 P.2d 95 (Ariz. 1981). “Furthermore, A.R.S. § 33-1103(A) provides that “[t]he homestead, from the date of recording the claim, is exempt from attachment, execution and forced sale, and from sale under a judgment or lien existing prior to recording the claim * * Pursuant to these statutes, then, the…”

In Re: Todd McLauchlan, 502 P.3d 975 (Ariz. 2022). “” ¶10 But that language was amended in 2007 to read: “Except as provided in § 33-1103, a recorded judgment shall not become a lien on any homestead property.”

Helvetica Servicing, Inc. v. Giraudo, 389 P.3d 867 (Ariz. Ct. App. 2017). “” And A.R.S. § 33-1103(A) provides that a homestead is exempt from sale under a “judgment or lien” but is not exempt from sale under “[a] consensual lien, including a mortgage or deed of trust.”

Calcagno v. Ainbinder (Ariz. Ct. App. 2016).

— Ariz. Rev. Stat. § 33-1103(A)(1) — 3 cases

Calcagno v. Ainbinder (Ariz. Ct. App. 2016).

Protect Our Arizona v. hobbs/healthcare Rising (Ariz. 2023).

US Bank v. Lietz (Ariz. Ct. App. 2020).

— Ariz. Rev. Stat. § 33-1103(A)(2) — 1 case

Evans v. Young, 661 P.2d 1148 (Ariz. Ct. App. 1983). “” See A.R.S. § 33-1103. A.R.S. § 33-1105 repeatedly refers to “the property claimed” as a homestead and “premises claimed.”

— Ariz. Rev. Stat. § 33-1103(A)(3) — 1 case

— Ariz. Rev. Stat. § 33-1103(A)(4) — 2 cases

Pac. W. Bank v. Castleton, 434 P.3d 1187 (Ariz. Ct. App. 2018). “¶11 Addressing the interplay of judgment liens and the homestead exemption, § 33-964 provides in relevant part: Except as provided in § 33-1103, a recorded judgment shall not become a lien on any homestead property.”

— Ariz. Rev. Stat. § 33-1103(AXl) — 1 case

Evans v. Young, 661 P.2d 1148 (Ariz. Ct. App. 1983). “” See A.R.S. § 33-1103. A.R.S. § 33-1105 repeatedly refers to “the property claimed” as a homestead and “premises claimed.”

— Ariz. Rev. Stat. § 33-1103(B) — 2 cases

Stange v. Johns, Jr. (Ariz. Ct. App. 2019).

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