Alabama Declaration of Homestead

DECLARATION OF HOMESTEAD — STATE OF ALABAMA

TABLE OF CONTENTS

1. Recording Cover Page
2. Declaration
3. Property Description
4. Statutory Authority and Claim of Exemption
5. Spousal Joinder
6. Verification
7. Acknowledgment
8. Probate Court Filing Block
9. Optional: Notice to Creditors

1. Recording Cover Page

2. Declaration

STATE OF ALABAMA
COUNTY OF [____________________]

KNOW ALL PERSONS BY THESE PRESENTS:

I, [DECLARANT FULL LEGAL NAME], being a resident of the State of Alabama, residing in [COUNTY] County, Alabama, and being entitled to claim a homestead exemption under Article X, Section 205 of the Constitution of Alabama and Ala. Code § 6-10-2, do hereby DECLARE, SUBSCRIBE, AND SWEAR as follows:

2.1. I am a bona fide resident of the State of Alabama and have been continuously domiciled within the State since [__/__/____].

2.2. I currently reside at, and occupy as my principal place of residence, the real property described in Section 3 below (the "Homestead Property").

2.3. The Homestead Property is owned by me [☐ in fee simple ☐ as tenant in common ☐ as joint tenant with right of survivorship ☐ as tenant by the entirety with my spouse ☐ pursuant to an equitable estate within the meaning of Ala. Code § 6-10-4 ☐ other: __________].

2.4. I select, designate, and claim the Homestead Property as my homestead for all purposes provided under the laws of the State of Alabama, including without limitation Ala. Code §§ 6-10-2 through 6-10-130, and I claim the homestead exemption to the full statutory amount as triennially adjusted from time to time.

2.5. I have not previously executed a recorded declaration of homestead designating other property as my homestead, except as follows: ☐ none ☐ prior declaration recorded at [Probate Book/Page or Recording Number] in [_______] County, Alabama, which is hereby ABANDONED and SUPERSEDED.

2.6. I have not waived, by separate writing or otherwise, my homestead rights in the Homestead Property within the meaning of Ala. Code § 6-10-122, and no such waiver is currently in force.

2.7. This Declaration is made and filed pursuant to Ala. Code §§ 6-10-20 and 6-10-21, for recording in the Office of the Judge of Probate of [COUNTY] County, Alabama, to provide constructive notice to the public, and to all persons having or claiming any interest in the Homestead Property, of the homestead character of the property.

3. Property Description

3.1 Common description

3.2 Legal description

The Homestead Property is more particularly described as:

[INSERT FULL LEGAL DESCRIPTION FROM DEED — METES AND BOUNDS, LOT/BLOCK/PLAT REFERENCE, OR SECTION/TOWNSHIP/RANGE — INCLUDING ALL APPURTENANCES, IMPROVEMENTS, EASEMENTS, AND HEREDITAMENTS THERETO BELONGING.]

Being the same property conveyed to [DECLARANT NAME] by deed recorded at Book [______], Page [______], in the Office of the Judge of Probate of [COUNTY] County, Alabama, on [__/__/____], as Instrument Number [______________].

3.3 Acreage and area limit certification

☐ The Homestead Property is located outside the corporate limits of any incorporated city or town, comprises [______] acres, and does NOT exceed the 160-acre limit prescribed by Ala. Code § 6-10-2.

☐ The Homestead Property is located within the corporate limits of the [☐ City ☐ Town] of [______________] and consists of a residential lot not exceeding the maximum area permitted under Ala. Code § 6-10-2 for an urban homestead.

4. Statutory Authority and Claim of Exemption

4.1. Constitutional and statutory basis. Pursuant to Ala. Const. art. X, § 205, and Ala. Code § 6-10-2, the homestead of every resident of Alabama, with improvements and appurtenances thereon, not exceeding 160 acres in area, and the dollar value as triennially adjusted, is exempt from levy and sale under execution or other process for the collection of debts contracted after April 23, 1873, except as therein limited.

4.2. Current statutory amount. As of the date of this Declaration, the homestead exemption amount published by the United States Bankruptcy Courts for the Northern, Middle, and Southern Districts of Alabama, pursuant to the triennial adjustment of Ala. Code § 6-10-2, is $[_______] for an individual debtor (effective dollar amount as of [__/__/____]). Where both spouses hold an ownership interest in the homestead, the amount may be doubled.

4.3. Federal bankruptcy opt-out. Pursuant to Ala. Code § 6-10-11, in any case under Title 11 of the United States Code, only property exempt under the laws of Alabama and under federal laws OTHER THAN 11 U.S.C. § 522(d) is exempt from the bankruptcy estate of an Alabama debtor. The federal homestead exemption of 11 U.S.C. § 522(d)(1) is UNAVAILABLE in Alabama.

4.4. Burial place. [If applicable:] The Homestead Property includes the burial place of [______________] which is, in addition, exempt under Ala. Code § 6-10-5 without regard to dollar amount.

4.5. Equitable estates. Per Ala. Code § 6-10-4, the homestead exemption extends to equitable estates and to any interest of the declarant in the property, however held, sufficient to support occupancy as a residence.

4.6. 1,215-day acknowledgment. The declarant acknowledges that, under 11 U.S.C. § 522(p), if the declarant files a petition under Title 11 within 1,215 days after acquiring an interest in the Homestead Property, the homestead exemption may be subject to the federal cap then in effect ($189,050 as of the effective date of this Declaration), regardless of the higher Alabama amount. The declarant represents that the Homestead Property was acquired on [__/__/____].

5. Spousal Joinder

[Use Subsection 5.A if married; Subsection 5.B if unmarried.]

5.A. Married declarant

The undersigned spouse of the declarant, being [SPOUSE FULL LEGAL NAME], joins in this Declaration of Homestead for the purpose of (a) consenting to the designation of the Homestead Property as homestead, (b) preserving and asserting all rights of homestead afforded by the laws of Alabama, and (c) confirming that no waiver of homestead within the meaning of Ala. Code § 6-10-122 has been executed by either spouse with respect to the Homestead Property.

The joining spouse further represents that he/she resides at the Homestead Property and intends to continue residing thereat as the marital residence.

JOINING SPOUSE:

[SPOUSE SIGNATURE]
[SPOUSE FULL LEGAL NAME]
Date: [__/__/____]

5.B. Unmarried declarant

The declarant represents and certifies that the declarant is unmarried as of the date of this Declaration, and that no spousal-joinder requirement under Ala. Code § 6-10-3 applies.

6. Verification

I, [DECLARANT FULL LEGAL NAME], having read the foregoing Declaration of Homestead and knowing the contents thereof, do hereby SWEAR AND AFFIRM, under penalty of perjury under the laws of the State of Alabama, that the matters set forth therein are true and correct to the best of my knowledge, information, and belief.

DECLARANT:

[DECLARANT SIGNATURE]
[DECLARANT FULL LEGAL NAME]
Date: [__/__/____]

7. Acknowledgment

[Use the form prescribed by Ala. Code § 35-4-29.]

STATE OF ALABAMA
COUNTY OF [____________________]

I, the undersigned authority, a Notary Public in and for said County in said State, hereby certify that [DECLARANT FULL LEGAL NAME] [☐ and [SPOUSE FULL LEGAL NAME], his/her spouse,] whose name[s] [☐ is ☐ are] signed to the foregoing Declaration of Homestead, and who [☐ is ☐ are] known to me, acknowledged before me on this day that, being informed of the contents of the said Declaration, [☐ he ☐ she ☐ they] executed the same voluntarily on the day the same bears date.

Given under my hand and official seal this the [______] day of [______________], 20[____].

[NOTARY SIGNATURE]
[NOTARY PRINTED NAME]
Notary Public, State of Alabama
My commission expires: [__/__/____]

[NOTARY SEAL]

8. Probate Court Filing Block

This Declaration is offered for filing and recording in the Office of the Judge of Probate of [COUNTY] County, Alabama, pursuant to Ala. Code §§ 6-10-20 and 6-10-22.

Recording instructions:

FOR PROBATE OFFICE USE ONLY:

9. Optional: Notice to Creditors

NOTICE IS HEREBY GIVEN to all creditors and other persons having or claiming any interest in the property described in Section 3 above:

(a) The property is the homestead of [DECLARANT NAME] and [SPOUSE NAME, if applicable], and is occupied as the principal residence of the declarant[s];

(b) The property is exempt from levy, attachment, execution, garnishment, judgment lien, and other process for the collection of debts to the full extent permitted by Article X, § 205 of the Alabama Constitution and Ala. Code §§ 6-10-2 through 6-10-130;

(c) Any creditor seeking to enforce a debt against the property must comply with the allotment procedures of Ala. Code §§ 6-10-100 through 6-10-110, including the appointment of commissioners and judicial allotment as required by law; and

(d) No mortgage, deed, or other conveyance of the homestead by the declarant (if married) shall be valid without the voluntary signature and assent of the declarant's spouse, evidenced by acknowledgment as required by Ala. Code § 6-10-3.

SOURCES AND REFERENCES

• Ala. Const. art. X, § 205 — Constitutional homestead exemption.
• Ala. Code § 6-10-2 — Amount and area of homestead. https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-2/
• Ala. Code § 6-10-3 — Alienation by married person; spousal acknowledgment. https://codes.findlaw.com/al/title-6-civil-practice/al-code-sect-6-10-3/
• Ala. Code § 6-10-4 — Equitable estates included in homestead.
• Ala. Code § 6-10-11 — Federal bankruptcy opt-out. https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-11/
• Ala. Code § 6-10-20 — Declaration of claimed exemptions; making and filing in probate. https://law.justia.com/codes/alabama/2021/title-6/chapter-10/article-1/division-2/section-6-10-20/
• Ala. Code § 6-10-21 — Form of declaration.
• Ala. Code § 6-10-22 — Recording in book of declarations.
• Ala. Code § 6-10-23 — Effect of declaration.
• Ala. Code § 6-10-105 — Recordation of judgments allotting homestead. https://law.justia.com/codes/alabama/2009/Title6/Chapter10/6-10-105.html
• Ala. Code § 6-10-122 — Waiver of homestead — separate writing, spousal joinder. https://law.justia.com/codes/alabama/title-6/chapter-10/article-3/section-6-10-122/
• Ala. Code § 35-4-29 — Form of acknowledgment of conveyance.
• U.S. Bankruptcy Court, Southern District of Alabama — Triennial exemption amounts. https://www.alsb.uscourts.gov/alabama-exemption-amounts
• 11 U.S.C. § 522(p) — 1,215-day federal homestead cap.

END OF DECLARATION