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Current as of March 08, 2022 | Updated by FindLaw Staff
A. A person who is entitled to a homestead exemption as prescribed by § 33-1101 holds that exemption by operation of law and no written claim or recording is required. If a person has more than one property interest to which a homestead exemption may reasonably apply, a creditor may require the person to designate which property, if any, is protected by the homestead exemption. The creditor shall demand the designation by sending a letter by certified mail, return receipt requested, to each address of the person which may reasonably be protected by the homestead exemption. The person shall designate the property by recording a homestead exemption in the office of the county recorder where the property is located or by sending the creditor a certified letter, return receipt requested, within thirty days of receiving the creditor's demand letter. If the person receives the creditor's letter and fails to respond as provided by this subsection, the person may only assert the homestead exemption by recording a claim in the office of the county recorder where the property is located.
B. If the person is married, the homestead may be selected from the community property, the joint property or the separate property of the person.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 33. Property § 33-1102. Exemption by operation of law; designation of multiple properties on creditor's request; recording - last updated March 08, 2022 | https://codes.findlaw.com/az/title-33-property/az-rev-st-sect-33-1102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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