Alaska: Homestead Exemption Amounts
The short answer
Alaska protects up to $72,900 of the equity in your principal residence from an ordinary money judgment. The statute sets a $54,000 base (AS 09.38.010), but a standing regulation adjusts it for inflation, and the current figure is $72,900 (8 AAC 95.030). There is no acreage limit and no advance filing: the exemption is automatic. Married couples and co-owners cannot double it: the total for a single home is capped at the exemption amount, split among owners by their share (AS 09.38.010(b)). The exemption doesn't stop a mortgage you signed, purchase-money debt, a mechanic's/labor lien, child support, or state and local taxes (AS 09.38.065). If the home is sold on execution, you are paid the exempt amount first and have 60 days to buy it back (AS 09.38.010(c)).
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This is the general rule in Alaska. Ezel applies current Alaska law to your specific facts and answers with citations to the statutes.
| Governing law | Alaska Stat. Title 09, ch. 09.38 ('Alaska Exemptions Act'). § 09.38.010 creates the homestead exemption and sets the $54,000 statutory base; § 09.38.065 lists the claims that can still reach exempt property; § 09.38.070 governs security interests; § 09.38.115 directs periodic inflation adjustment of the dollar amounts, which is done by regulation 8 AAC 95.030 (the current $72,900 figure). The rule is statutory and regulatory; Alaska has no constitutional homestead provision |
|---|---|
| Exemption amount | $72,900 of the individual's interest in the principal residence. The statute caps the homestead exemption at $54,000 (AS 09.38.010(a)), but AS 09.38.115 requires the dollar amounts to be adjusted for inflation, and the current adjusted figure set by regulation is $72,900 (8 AAC 95.030(a)). Confirm the current regulation figure, since it changes when the state re-adjusts. The exemption is on the owner's interest (equity), so prior mortgages come off first |
| Size or acreage limit | None. Alaska imposes no acreage or lot-size limit on the homestead: the only cap is the dollar figure. The exemption is 'the individual's interest in property in this state used as the principal residence of the individual or the dependents of the individual' (AS 09.38.010(a)), with no reference to land area |
| Automatic, or do you have to file something? | Automatic. The Alaska Exemptions Act applies by law; there is no homestead declaration to record and no advance filing required. The exemption is asserted when a creditor tries to levy or when the debtor files for bankruptcy, not through any recorded document |
| Who qualifies, and can spouses double it? | An individual whose principal residence (or that of the individual's dependents) the property is (AS 09.38.010(a)). No doubling: if property is owned by the entirety or in common, each owner gets a homestead exemption in that owner's interest, but 'the aggregate value of multiple homestead exemptions allowable with respect to a single living unit' may not exceed the cap, and each owner's exemption is limited to that owner's pro rata portion (AS 09.38.010(b)). So a married couple sharing one home splits a single $72,900 exemption; they do not each get $72,900 |
| What it actually protects you from | Exempts up to $72,900 of the owner's interest in the principal residence from a judgment creditor's levy and execution. If the home is sold under execution, the sale becomes effective only on court confirmation, and for 60 days after the sale the individual may repurchase it by paying the sale costs plus the lesser of (a) the difference between the highest bid and the exemption amount, or (b) the creditor's claim; if not repurchased, the clerk remits the exempt amount to the individual first, then the balance (less costs) to the creditor (AS 09.38.010(c)) |
| Debts that can still reach your home | Under AS 09.38.065(a), a creditor may still levy on exempt property, including the homestead, to enforce a claim for: child support; unpaid earnings (up to one month's compensation) owed by the debtor as an employer; state or local taxes; the purchase price of the property or a purchase-money loan; labor or materials to improve or preserve the property (a mechanic's/materials claim); a special assessment for a public improvement; and crime-victim restitution. And under AS 09.38.065(b), the exemption 'does not affect any statutory lien or security interest', so a mortgage or other consensual lien you granted still reaches the home |
| Protection for sale proceeds | No separate fixed window. Unlike states that exempt sale proceeds for a set period (often six months), Alaska's homestead statute has no general post-sale proceeds-exemption clause. What it provides instead is protection inside the execution-sale process itself: the exempt amount is remitted to you before the creditor is paid, and you have a 60-day right to repurchase the home after the sale (AS 09.38.010(c)) |
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Requirements one by one
Governing law
Alaska's homestead exemption is statutory, in the Alaska Exemptions Act (Alaska Stat. ch. 09.38):
- § 09.38.010 creates the homestead exemption and sets the $54,000 base.
- § 09.38.065 lists the claims that can still reach exempt property.
- § 09.38.070 governs security interests.
- § 09.38.115 directs the state to adjust the dollar amounts for inflation, which is done through regulation 8 AAC 95.030, the source of the current $72,900 figure.
Alaska has no constitutional homestead provision.
Exemption amount
$72,900. The statute caps the homestead exemption at $54,000 (AS 09.38.010(a)), but AS 09.38.115 requires the exemption amounts to be adjusted for inflation, and the regulation carrying out that mandate currently sets the homestead figure at $72,900 (8 AAC 95.030(a)). Because the number lives in a regulation that the state re-adjusts periodically, confirm the current 8 AAC 95.030 figure before relying on it. The exemption applies to your interest in the home, your equity after prior mortgages, not the gross value.
Size or acreage limit
None. Alaska sets no acreage or lot-size limit; the only cap is the dollar figure. The exemption covers "the individual's interest in property in this state used as the principal residence of the individual or the dependents of the individual" (AS 09.38.010(a)), with no mention of land area.
Automatic, or do you have to file something?
Automatic. The Alaska Exemptions Act applies by operation of law. There is no homestead declaration to record and nothing to file in advance, the exemption is raised when a creditor tries to levy on the home or when you file for bankruptcy.
Who qualifies, and can spouses double it?
The exemption belongs to an individual whose principal residence (or a dependent's) the property is (AS 09.38.010(a)). No doubling. If a home is owned by the entirety or in common, each owner has a homestead exemption in that owner's interest, but "the aggregate value of multiple homestead exemptions allowable with respect to a single living unit" cannot exceed the cap, and each owner is limited to a pro rata share (AS 09.38.010(b)). A married couple sharing one home therefore splits a single $72,900 exemption rather than claiming $72,900 apiece.
What it actually protects you from
It exempts up to $72,900 of your interest in the home from a judgment creditor's levy and execution. If the home is nonetheless sold under execution, the sale takes effect only when the court confirms it, and for 60 days after the sale you may repurchase the property, by paying the sale costs plus the lesser of (1) the gap between the highest bid and the exemption amount, or (2) the creditor's claim. If you don't repurchase, the court clerk pays you the exempt amount first, then the balance (minus costs) to the creditor (AS 09.38.010(c)).
Debts that can still reach your home
Under AS 09.38.065(a), a creditor may levy on exempt property, the homestead included, to enforce a claim for:
- Child support.
- Unpaid earnings you owe as an employer, up to one month's compensation.
- State or local taxes.
- Purchase-money debt, the price of the home or a loan used to buy it.
- Labor or materials furnished to improve or preserve the property (a mechanic's/materials claim).
- A special assessment for a public improvement.
- Crime-victim restitution arising from the debtor's criminal conduct.
And under AS 09.38.065(b), the Act "does not affect any statutory lien or security interest" in exempt property, so a mortgage or other consensual lien you granted still reaches the home.
Protection for sale proceeds
No separate fixed window. Unlike states that exempt sale proceeds for a set period (often six months), Alaska's homestead statute has no general post-sale proceeds clause. Its protection operates inside the execution-sale process instead: the exempt amount is remitted to you before the creditor is paid, and you have a 60-day right to buy the home back after the sale (AS 09.38.010(c)).
What trips people up
The real number is $72,900, not $54,000. The statute's face figure is $54,000, but the inflation-adjustment regulation controls, and it's currently $72,900 (8 AAC 95.030). Always check the current regulation.
No doubling for couples. Two owners of one home share a single exemption, split by their shares (AS 09.38.010(b)). This surprises couples who assume each spouse gets a full exemption.
It's equity, not value. The exemption sits on top of your mortgage. If your equity is small because the loan is large, most of the home is already beyond a creditor's reach anyway; if your equity is large, only $72,900 of it is protected.
Bank and card debts often run to your home's excess equity. Once your equity exceeds $72,900, the excess can be reached in an execution sale, though you keep the 60-day repurchase right (AS 09.38.010(c)).
Common questions
How much home equity does Alaska protect from creditors? Up to $72,900, the inflation-adjusted figure under 8 AAC 95.030, from the $54,000 base in AS 09.38.010.
Do I have to file a homestead declaration in Alaska? No. The exemption is automatic; there is no recording requirement.
Can my spouse and I each claim the exemption? No. One home gets one exemption, split among owners by their shares (AS 09.38.010(b)).
Is there a limit on lot size? No, Alaska has no acreage limit on the homestead.
What happens if my home is sold to pay a judgment? You're paid the exempt amount first, and you have 60 days to repurchase the home after the sale (AS 09.38.010(c)).
Statutes and sources
- Alaska Stat. § 09.38.010 (homestead exemption; $54,000 base; no doubling; execution-sale confirmation and 60-day repurchase), https://www.akleg.gov/basis/get_documents.asp?session=29&docid=7941 (accessed 2026-07-10)
- 8 AAC 95.030 (adjusted exemption amounts; current homestead figure $72,900), https://www.law.cornell.edu/regulations/alaska/8-AAC-95.030 (accessed 2026-07-10)
- Alaska Stat. § 09.38.065 (claims enforceable against exempt property: child support, taxes, purchase-money, labor/materials, restitution; security interests unaffected), https://codes.findlaw.com/ak/title-9-code-of-civil-procedure/ak-st-sect-09-38-065/ (accessed 2026-07-10)
Source links
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