The Alpha Arizona Homestead Kit
By Kermit Burton, Alpha Publications
Description:
This Alpha Arizona Homestead Kit is a complete do-it- yourself
legal kit that provides all of the forms required to accomplish
either a Homestead Exemption under Arizona Revised Statutes,
Section 33-1101; a Personal Property Homestead under Arizona
Revised Statutes 33-1126(8); or the exemption of a Financial
Account under Arizona Revised Statutes 33-1126(7).
Each of the three property exemption laws will be fully discussed
in this Instruction Guide as to the extent of their purpose
and the procedures necessary to accomplish the exemptions.
Since the Arizona Exemption Statutes offer a broad range
of real and personal property exemptions, a comprehensive list
of all such property exempted under Arizona laws is also included
in this Instruction Guide.
Under the 1996 amendment to the Arizona Homestead Act, one
of the key provisions added to simplify the homestead exemption
is the automatic $100,000 exemption accorded every homeowner
whether or not a Declaration of Homestead is initially filed
with the County Recorder; however, if the homeowner becomes
subject to an action by a judgment creditor, then the homeowner
must either file a Declaration of Homestead which properly identifies
the property to be exempted or give such judgment creditor proper
notice according to law.
This amendment to the Homestead Act simply clarifies what
has long been the accepted practice by many who understood that
the Homestead Declaration was only required if a judgment debtor's,
residential property was subject to a seizure action by a judgment
creditor. And that the Declaration of Homestead did not have
to be filed until after the creditor obtained a judgment, but
before execution of the judgment against the homeowner's real
property.
In other words, while the Declaration of Homestead may be
required only if the homeowner becomes subject to a civil seizure
action, it can be filed any time prior to such a civil action
as future protection in the event the homeowner is unable to
file or notice the exemption when it is needed.
Keeping in mind that this Instruction Guide is not intended
to give or dispense legal advice which can only be given by
an attorney licensed to practice law in this State.
It is, however, the intent of this publication to provide
workable legal materials for the individual who desires to pursue
his or her legal remedies without the aid of a lawyer when equipped
with a working knowledge of the applicable laws and procedures.
It is, therefore, in this context that this publication provides
not only a detailed discussion of the Arizona Property Exemption
Laws, but also includes the forms required to accomplish the
exemptions, plus specimen examples of each form.
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