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Arizona Revised Statutes Title 33. Property § 33-1103. Homestead exemption; extent of exemption; exceptions

Current as of January 01, 2025 | Updated by Findlaw Staff

A. Real property that is subject to the homestead exemption provided for in § 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 § 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 § 25-516.

(c) The court orders a specific security interest of the property for support.

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 § 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 § 33-1101, subsection A, as a resource from which an obligor has the ability to pay.

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Cite this article: FindLaw.com - Arizona Revised Statutes Title 33. Property § 33-1103. Homestead exemption; extent of exemption; exceptions - last updated January 01, 2025 | https://codes.findlaw.com/az/title-33-property/az-rev-st-sect-33-1103/

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