Alaska Declaration of Homestead

DECLARATION OF HOMESTEAD (ALASKA)

RECORDING HEADER

CAPTION

1. DECLARANT INFORMATION

The undersigned declarant(s) state(s) under oath as follows:

Dependents Residing at the Property

2. DESCRIPTION OF HOMESTEAD PROPERTY

Legal Description

[________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________]

Nature of Declarant's Interest

☐ Fee simple owner of record
☐ Joint tenant with right of survivorship
☐ Tenant in common (declarant's pro-rata share: [____]%)
☐ Beneficiary of a revocable living trust holding title (trust name: [________________])
☐ Lessee under a long-term lease (initial term: [__] years; lease recorded: ☐ Yes ☐ No)
☐ Holder of a life estate
☐ Owner of a mobile home affixed to real property (UCC fixture filing on file: ☐ Yes ☐ No)
☐ Other: [________________________________]

Acquisition

3. PRINCIPAL-RESIDENCE FACTS

The declarant occupies the property described above as the declarant's principal residence within the meaning of AS § 09.38.500(2) and AS § 09.38.010(a). In support of that status, the declarant attests:

4. EXEMPTION CLAIMED

The declarant claims the homestead exemption available under AS § 09.38.010 in the property described above. The declarant understands and acknowledges:

1. The Alaska homestead exemption protects the declarant's interest in the principal residence to the extent of the statutory cap, which as of the most recent indexing under 8 AAC 95.030 / AS § 09.38.115 is $72,900 (subject to further periodic adjustment).

2. The aggregate value of multiple homestead exemptions allowable with respect to a single living unit may not exceed the statutory cap; co-owners must share pro rata. AS § 09.38.010(b).

3. Spouses filing a joint bankruptcy petition under the Alaska state scheme are entitled to a single Alaska homestead exemption split between them — the Alaska homestead is not doubled for joint filers (Alaska Bankruptcy Court Schedule C n.1).

4. If declarant is married and the spouse does not join in a bankruptcy petition (or if declarant owns the residence jointly with another individual), declarant may claim only one-half (1/2) of the Alaska homestead.

5. The federal homestead cap of 11 U.S.C. § 522(p) (currently $214,000, as periodically adjusted) applies if declarant acquired the present principal residence within 1,215 days before any bankruptcy filing.

6. Recording this Declaration is not required to perfect the homestead under Alaska law and does not increase the statutory dollar cap.

Cap Election Acknowledgment

5. NO INTENT TO ABANDON

The declarant has not abandoned the property as a principal residence and does not presently intend to abandon it. Periods of temporary absence (employment, military service, medical treatment, seasonal travel) do not constitute abandonment under AS § 09.38.010 so long as the declarant maintains the intent to return and continues to treat the property as the principal residence.

If applicable, describe any current or anticipated period of temporary absence:

[________________________________________________________________________________
________________________________________________________________________________]

6. ADDITIONAL CIRCUMSTANCES (BANKRUPTCY / JUDGMENT-LIEN CONTEXT)

6.1 Bankruptcy

6.2 Judgment Liens

7. EXHIBITS AND CORROBORATING DOCUMENTS

The following documents are attached to or available in support of this Declaration:

☐ Exhibit A — Recorded deed / instrument of acquisition
☐ Exhibit B — Most recent property tax statement
☐ Exhibit C — Most recent mortgage / deed of trust
☐ Exhibit D — Alaska driver's license or state ID showing the property address
☐ Exhibit E — Voter registration confirmation
☐ Exhibit F — Most recent Alaska Permanent Fund Dividend application or payment notice
☐ Exhibit G — Two most recent utility bills in declarant's name at the property address
☐ Exhibit H — Federal income tax return (most recent) showing the property address
☐ Exhibit I — Trust instrument (if title held in trust)
☐ Exhibit J — Lease (if homestead claim arises from leasehold)
☐ Exhibit K — Mobile home certificate of title and fixture filing (if applicable)
☐ Exhibit L — Other: [________________________________]

8. DECLARATION UNDER PENALTY OF PERJURY

I declare under penalty of perjury under the laws of the State of Alaska and the United States of America that the foregoing is true and correct.

Executed this [____] day of [____________], [______], at [________________], Alaska.

9. NOTARIAL ACKNOWLEDGMENT

STATE OF ALASKA              )
                             ) ss.
[________________] JUDICIAL  )
DISTRICT                     )

The foregoing Declaration of Homestead was acknowledged before me this [____] day of [____________], [______], by [________________________________] [and [________________________________]], known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument, and who acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument, the person(s) executed the instrument.

10. PREPARER STATEMENT

This instrument was prepared by:

SOURCES AND REFERENCES

• AS § 09.38.010 (Homestead exemption): https://law.justia.com/codes/alaska/title-9/chapter-38/section-09-38-010/
• AS § 09.38.500 (Definitions): https://law.justia.com/codes/alaska/title-9/chapter-38/section-09-38-500/
• AS § 09.38.055 (Bankruptcy proceedings): https://law.justia.com/codes/alaska/title-9/chapter-38/section-09-38-055/
• AS § 09.38.115 (Adjustment of dollar amounts): https://www.akleg.gov/basis/statutes.asp#09.38.115
• 8 AAC 95.030 (Adjusted exemption amounts): https://www.law.cornell.edu/regulations/alaska/8-AAC-95.030
• Alaska Bankruptcy Court — Schedule C (effective April 1, 2025): https://www.akb.uscourts.gov/exemptions-schedule-c-alaska-bankruptcy-cases-0
• AS § 40.17 (Recording of instruments): https://www.akleg.gov/basis/statutes.asp#40.17
• AS § 09.63 (Notarial acts): https://www.akleg.gov/basis/statutes.asp#09.63
• 11 U.S.C. § 522(b), (p): https://www.law.cornell.edu/uscode/text/11/522