Alabama: Homestead Exemption Amounts
The short answer
Alabama automatically protects $18,800 of equity in your home from an ordinary money judgment, or $56,400 if you're 62 or older or have a disability, a much larger protection that took effect June 1, 2026. Joint owners can each claim the exemption, so a couple can double it. The home can be up to 160 acres, and no filing is required to have the protection (though you can record a declaration for added notice). The exemption protects a dollar amount of equity, not the whole house: if your equity is worth more, the excess can still be reached, and a mortgage you signed, a tax lien, or a contractor's lien for work on the home still binds.
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This is the general rule in Alabama. Ezel applies current Alabama law to your specific facts and answers with citations to the statutes.
| Governing law | Ala. Code Title 6, Ch. 10 (Exemptions), Art. 1. § 6-10-2 sets the homestead amount and 160-acre limit; § 6-10-1 says which law's amount applies (in bankruptcy, the law in effect on the petition-filing date); § 6-10-12 has the State Treasurer adjust the dollar amount for inflation every three years; § 6-10-3 requires a spouse's consent to mortgage the homestead; § 6-10-4 preserves certain liens; § 6-10-20 allows an optional recorded declaration. Rooted in Ala. Const. art. X, § 205. §§ 6-10-1 and 6-10-2 were amended by 2026 Act 2026-203 (HB96), effective June 1, 2026 |
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| Exemption amount | $18,800 of equity for most homeowners; $56,400 if the owner is 62 or older or an individual with a disability (new, effective June 1, 2026, per Act 2026-203). The statute prints a $15,000 base (§ 6-10-2(a)(i)), which § 6-10-12 raises for inflation every three years: currently $18,800, for exemptions claimed on or after April 1, 2024. The next adjustment, $20,475, has already been published but does not take effect until exemptions claimed on or after April 1, 2027. The $56,400 senior/disability figure is a flat amount fixed by the 2026 act, not the inflation-adjusted one |
| Size or acreage limit | 160 acres. Alabama limits the homestead by BOTH a dollar value (above) and land area: the homestead may not exceed 160 acres (§ 6-10-2), whether the interest is a fee or a lesser estate. A mobile or manufactured home used as the principal residence counts as a homestead |
| Automatic, or do you have to file something? | Automatic and self-executing: you hold the exemption without recording anything, and you assert it if a creditor levies (you can claim it after a levy and before the sale). Recording is optional: under § 6-10-20 a resident 'may, at any time' file a sworn declaration describing the claimed homestead with the probate judge. A recorded declaration adds public notice and legal weight to the claim, but is not required to have the exemption |
| Who qualifies, and can spouses double it? | Any resident of Alabama who occupies the property as a homestead. Joint owners can EACH claim the exemption separately, 'to the same extent and value as an unmarried individual' (§ 6-10-2): genuine per-owner doubling with no aggregate cap. Two joint owners get $18,800 each ($37,600 combined), or $56,400 each ($112,800) if both are 62+ or disabled. The $56,400 amount is per qualifying person: in a couple, only the spouse who is 62+ or disabled uses $56,400, while a younger, non-disabled co-owner still uses $18,800. The exemption continues for a surviving spouse and minor children after the owner's death |
| What it actually protects you from | Exempts the homestead from 'levy, sale, execution or other process for debt collection' during the owner's life and occupancy (§ 6-10-2): i.e., from an ordinary money-judgment creditor. In bankruptcy, § 6-10-1(b) fixes the exemption amount as of the date the petition is filed (a 2026 change); outside bankruptcy, § 6-10-1(a) uses the amount in effect when the debt was created. If the home is worth more than the exemption, the value above the exempt dollar amount (and above 160 acres) can still be reached through the statutory procedure for setting the homestead apart |
| Debts that can still reach your home | Section 6-10-4 preserves several claims despite the exemption: a laborer's, merchant's, or materialman's lien for work or materials on the home; a vendor's lien for unpaid purchase money; and any deed, mortgage, or lien 'lawfully executed or created' (so a mortgage you validly granted, and a lien created by law such as one for taxes, still bind). A mortgage or conveyance of the homestead by a married person is valid only with the other spouse's signed, acknowledged consent (§ 6-10-3). Federal law, for example a federal tax lien, can also override the state exemption |
| Protection for sale proceeds | None specified by statute. Alabama's homestead chapter has no separate provision protecting the cash proceeds of a sale for a set period, the way some states protect proceeds for 6 to 12 months. The exemption attaches to the homestead property and the owner's occupancy of it; if you sell and take cash, the statute does not carry the protection forward to those proceeds |
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Requirements one by one
Governing law
Alabama's homestead exemption lives in Title 6, Chapter 10 of the Code of Alabama ("Exemptions"), and traces back to the state constitution, Ala. Const. art. X, § 205. The core rule is § 6-10-2, which sets both the dollar amount and the 160-acre limit. Section 6-10-1 tells you which law's amount applies to your case; § 6-10-12 has the State Treasurer adjust the dollar figure for inflation every three years; § 6-10-3 governs mortgaging the homestead; § 6-10-4 lists liens the exemption doesn't block; and § 6-10-20 lets you record a voluntary declaration. Sections 6-10-1 and 6-10-2 were rewritten by Act 2026-203 (HB96), effective June 1, 2026.
Exemption amount
For most homeowners, $18,800 of equity. For an owner who is 62 or older or who is an individual with a disability, $56,400, a new, much larger amount added by the 2026 act. The statute itself still prints a $15,000 base figure, but § 6-10-12 requires the State Treasurer to raise it every three years for inflation and publish the result; the amount in force now is $18,800 (it applies to exemptions claimed on or after April 1, 2024). The Treasurer has already published the next figure, $20,475, but by the statute's own terms that amount does not take effect until exemptions claimed on or after April 1, 2027, so it is not the current number. The $56,400 senior/disability amount is a flat figure set by the legislature, not the inflation-adjusted one.
Size or acreage limit
160 acres. Alabama is one of the states that caps the homestead by both value and land area: the property can't exceed 160 acres, and the area isn't enlarged by any mortgage on it or by the type of ownership interest. A mobile or manufactured home used as your principal residence counts as a homestead.
Automatic, or do you have to file something?
Automatic. The exemption exists by law the moment you occupy a qualifying home; nothing has to be recorded for you to have it. If a creditor levies on the property, you claim the exemption in that process, you can even claim it after the levy and before the sale. Recording is optional: under § 6-10-20 any resident "may, at any time" file a sworn declaration with the county probate judge describing the homestead they claim. Recording that declaration gives your claim public notice and added legal weight, but it is not a condition of the protection.
Who qualifies, and can spouses double it?
Any Alabama resident who occupies the property as a homestead. Joint owners can each claim the exemption separately, "to the same extent and value as an unmarried individual", so this is a real per-owner doubling, with no combined cap. Two joint owners get $18,800 each ($37,600 together), or $56,400 each ($112,800 together) if both qualify as 62 or older or disabled. The higher amount is tied to the person: if only one spouse is 62-plus or disabled, that spouse claims $56,400 while the other still claims $18,800. After the owner dies, the exemption continues for a surviving spouse and minor children during the surviving spouse's life and the children's minority.
What it actually protects you from
The homestead is exempt from "levy, sale, execution or other process for debt collection" while you live in it, meaning an ordinary money-judgment creditor can't seize and sell it to collect, up to the exempt amount. One 2026 wrinkle matters for bankruptcy: § 6-10-1(b) now fixes the exemption amount as of the date you file your bankruptcy petition, while for ordinary (non-bankruptcy) debt collection § 6-10-1(a) uses the amount that was in effect when the debt was created. The protection is capped, though: if your home is worth more than the exemption amount or exceeds 160 acres, the value above those limits can still be reached through the statutory process for setting the homestead apart.
Debts that can still reach your home
Section 6-10-4 spells out what the exemption does not block: a laborer's, merchant's, or materialman's lien for work or materials on the home; a vendor's lien for unpaid purchase money; and any deed, mortgage, or lien "lawfully executed or created." In plain terms, a mortgage you validly granted, and a lien created by law such as one for unpaid property taxes, still reach the home. On top of that, a mortgage or other conveyance of the homestead by a married person is valid only if the other spouse also signs and formally acknowledges it (§ 6-10-3), Alabama voids a homestead conveyance made without the non-owning spouse's consent. And federal law can override the state exemption; a federal tax lien is the common example.
Protection for sale proceeds
Alabama's homestead statute doesn't give the cash from a sale its own protected period. Unlike states that keep sale proceeds exempt for six months or a year while you find a new home, Alabama ties the exemption to the property and your occupancy of it. If you sell and receive cash, the statute doesn't carry the homestead protection forward to those proceeds.
What trips people up
The single biggest source of confusion is that Alabama has two completely different "homestead exemptions." The one on this page protects your home equity from creditors (Title 6). A separate, unrelated property-tax homestead exemption (Title 40) just lowers the property tax bill for owner-occupants, seniors, and disabled residents, most of the bills you'll see in the news about "raising the homestead exemption" are about that tax program, not this creditor protection. Second, don't rely on the $15,000 you'll find printed in § 6-10-2: it's adjusted for inflation, so the real number is $18,800 today. And watch the dates: the new $56,400 senior/disability amount only applies from June 1, 2026 forward, and the next standard bump to $20,475 doesn't take effect until April 2027. Finally, "automatic" doesn't mean untouchable, a mortgage you signed, back taxes, or a contractor's lien can still reach the home despite the exemption.
Common questions
Do I have to file anything to get Alabama's homestead exemption? No. It applies automatically once you occupy a qualifying home, and you assert it if a creditor tries to collect. You can record a declaration with the probate judge for extra notice, but it isn't required.
I'm 63, how much of my equity is protected? $56,400, under the amount that took effect June 1, 2026 for owners who are 62 or older or who have a qualifying disability. If your spouse also qualifies and is a co-owner, you can each claim $56,400.
Can my spouse and I each claim the exemption? Yes. Joint owners each get their own exemption, so a couple can protect $37,600 together at the standard amount, more if one or both qualify for the senior/disability amount.
Is this the same as the homestead exemption on my property tax bill? No. That's a different program under Title 40 that reduces property taxes. This exemption protects your home equity from a judgment creditor and has nothing to do with your tax bill.
Statutes and sources
- Ala. Code § 6-10-2 (amount; area), as amended by 2026 Act 2026-203 (HB96), https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2026RS/HB96-enr.pdf (accessed 2026-07-09)
- Ala. Code § 6-10-1 (which law's amount applies; bankruptcy petition-date rule), as amended by Act 2026-203, https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2026RS/HB96-enr.pdf (accessed 2026-07-09)
- Ala. Code § 6-10-12 (three-year CPI adjustment by the State Treasurer), https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-12/ (accessed 2026-07-09)
- Alabama State Treasurer, Consumer Price Index Law (published homestead adjustments: $18,800 current, $20,475 next), https://treasury.alabama.gov/resources/consumer-price-index-law/ (accessed 2026-07-09)
- Ala. Code § 6-10-4 (liens not affected), https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-4/ (accessed 2026-07-09)
- Ala. Code § 6-10-3 (spousal consent to mortgage the homestead), https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-3/ (accessed 2026-07-09)
- Ala. Code § 6-10-20 (voluntary declaration of claimed homestead), https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-20/ (accessed 2026-07-09)
Source links
Every statute quoted above, linked, with the date we checked it.
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