Arkansas Declaration of Homestead (Recordable)

DECLARATION OF HOMESTEAD

Cover Information for Recording

After recording, return to:

[_________________________________________________]
[_________________________________________________]
[_________________________________________________]
[_________________________________________________]

Prepared by: [_________________________________________________]

Mailing address of preparer: [_________________________________________________]

Title of document: Declaration of Homestead

Grantor / Declarant(s): [_________________________________________________]

Grantee / For benefit of: Same as Declarant(s)

Legal description: See Exhibit A attached hereto

Recording reference (prior deed): Book [_______], Page [_______], Instrument No. [_______], records of [____________________] County, Arkansas

STATE OF ARKANSAS

COUNTY OF [_________________________________________________]

DECLARATION OF HOMESTEAD

KNOW ALL PERSONS BY THESE PRESENTS:

1. Declarant Identification.

The undersigned, [_________________________________________________] ("Declarant"), and, if applicable, [_________________________________________________] (jointly, "Declarants"), being:

hereby make this Declaration of Homestead pursuant to Ark. Const. art. 9, §§ 3, 4, 5, and 6, and Ark. Code Ann. §§ 16-66-210 and 16-66-211, with respect to the real property and improvements described in Exhibit A attached hereto and incorporated herein by reference (the "Homestead Property").

2. Address of the Homestead Property.

The Homestead Property is commonly known and described as:

[_________________________________________________]
[_________________________________________________]
[____________________], Arkansas [__________]

Tax Parcel No.: [____________________]

County: [____________________]

3. Character of Homestead — Urban or Rural.

The Declarant declares that the Homestead Property is properly classified as:

☐ Urban Homestead under Ark. Const. art. 9, § 5. The property is situated within the corporate limits of an incorporated city, town, or village; consists of not more than one (1) acre of land with the improvements thereon; and in no event shall be reduced to less than one-quarter (¼) acre of land, without regard to value.

☐ Rural Homestead under Ark. Const. art. 9, § 4. The property is situated outside the corporate limits of any city, town, or village; consists of not more than one hundred sixty (160) acres of land with the improvements thereon; and in no event shall be reduced to less than eighty (80) acres of land, without regard to value.

Total acreage of Homestead Property: [____] acres

Location: ☐ Inside corporate limits of [____________________] ☐ Outside corporate limits

4. Ownership and Occupation.

a. Declarant(s) own the Homestead Property in fee simple (or such other estate as identified below) by virtue of [Warranty Deed / Special Warranty Deed / Quitclaim Deed / Other] dated [__/__/____], recorded [__/__/____], in Book [_______], Page [_______], Instrument No. [_______], records of [____________________] County, Arkansas.

b. Estate held: ☐ Fee simple ☐ Life estate ☐ Tenancy by the entirety ☐ Joint tenancy with right of survivorship ☐ Tenancy in common (specify undivided interest: [____]%) ☐ Equitable title under contract for deed dated [__/__/____]

c. Declarant(s) actually occupy and reside upon the Homestead Property as their principal residence, and have continuously so occupied it since [__/__/____]. Declarant(s) intend to continue residing thereon and have not abandoned, and do not intend to abandon, the Homestead Property.

d. No portion of the Homestead Property is rented, leased, or used for any purpose inconsistent with homestead occupation, except as expressly disclosed below:

[_________________________________________________________________________________________]

[_________________________________________________________________________________________]

5. Family Composition.

Declarant resides upon the Homestead Property with the following members of his/her family:

6. Constitutional Claim of Exemption.

Pursuant to Ark. Const. art. 9, § 3, the Homestead Property and the rents and profits thereof shall not be subject to the lien of any judgment, decree, or order, or to sale under execution or other process thereon, except for:

a. debts contracted for the purchase money thereof,

b. for specific liens, laborers' or mechanics' liens, for improving the same,

c. for taxes, or

d. against executors, administrators, guardians, receivers, attorneys for moneys collected by them, and other trustees of an express trust for moneys due from them in their fiduciary capacity.

7. Unlimited Value Within Minimum Constitutional Acreage.

Declarant claims the full constitutional homestead exemption available under Arkansas law. Within the minimum constitutional acreage (one-quarter (¼) acre urban or eighty (80) acres rural), the homestead is exempt without regard to monetary value, as confirmed by, inter alia, Smith v. Flash TV Sales & Service, Inc., 17 Ark. App. 185, 706 S.W.2d 184 (1986), and Middleton v. Lockhart, 355 Ark. 434, 139 S.W.3d 500 (2003).

8. Selection of Homestead Where Property Exceeds Minimum Acreage.

If the Homestead Property exceeds the minimum constitutional acreage, the Declarant hereby selects and lays off the homestead as follows pursuant to Ark. Code Ann. § 16-66-211:

[_________________________________________________________________________________________]

[_________________________________________________________________________________________]

[_________________________________________________________________________________________]

The selected homestead is more particularly described in Exhibit A attached hereto.

9. Mortgage and Lien Disclosure.

The Homestead Property is subject to the following mortgages, deeds of trust, and other voluntary or statutory liens of record:

Nothing in this Declaration shall impair the rights of any holder of a recorded purchase-money mortgage, mechanic's lien, materialman's lien, or tax lien, all of which are expressly preserved.

10. Marital Joinder and Spousal Consent.

If Declarant is married, the spouse, by joining in execution below, joins in this Declaration of Homestead and acknowledges that no conveyance, mortgage, or other alienation of the Homestead Property is valid without the joinder of both spouses, in accordance with Ark. Code Ann. § 18-12-403.

11. Effect of Declaration; No Waiver of Other Exemptions.

This Declaration is intended to provide constructive notice of the Declarant's homestead claim and to memorialize the facts establishing the homestead. It is not a precondition to the constitutional exemption, which is automatic upon ownership and occupation. Recording this Declaration does not waive any other exemption available under Arkansas or federal law, including, without limitation, exemptions under Ark. Code Ann. § 16-66-218 or 11 U.S.C. § 522(d).

12. Bankruptcy Reservation.

Nothing herein constitutes an admission or election with respect to any bankruptcy filing. In the event Declarant files a petition under Title 11 of the United States Code, Declarant reserves all rights to elect either the Arkansas state-law exemption scheme or the federal exemption scheme of 11 U.S.C. § 522(d), as permitted by Ark. Code Ann. § 16-66-217. Declarant acknowledges that 11 U.S.C. § 522(o), (p), and (q) may impose additional limitations on the homestead exemption in bankruptcy.

13. Governing Law.

This Declaration is made and shall be construed under the Constitution and laws of the State of Arkansas.

14. Effective Date.

This Declaration is effective upon execution by the Declarant(s) and shall be evidenced by recording in the office of the Circuit Clerk and Ex-Officio Recorder of [____________________] County, Arkansas.

EXECUTION

Executed this [____] day of [____________________], 20[____].

DECLARANT:

____________________________________________

[_________________________________________________]
(Print name)

SPOUSE / JOINT DECLARANT (if any):

____________________________________________

[_________________________________________________]
(Print name)

ACKNOWLEDGMENT

STATE OF ARKANSAS

COUNTY OF [_________________________________________________]

On this [____] day of [____________________], 20[____], before me, the undersigned, a Notary Public in and for said County and State, personally appeared [_________________________________________________] [and [_________________________________________________]], to me known (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the foregoing Declaration of Homestead, and acknowledged that he/she/they executed the same as his/her/their free act and deed, for the uses and purposes therein set forth.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written.

____________________________________________

Notary Public

My commission expires: [__/__/____]

Notary identification number: [____________________]

[NOTARY SEAL]

EXHIBIT A — LEGAL DESCRIPTION OF HOMESTEAD PROPERTY

[_________________________________________________________________________________________]

[_________________________________________________________________________________________]

[_________________________________________________________________________________________]

[_________________________________________________________________________________________]

[_________________________________________________________________________________________]

[_________________________________________________________________________________________]

Tax Parcel No.: [____________________]

County: [____________________], Arkansas

Total acreage: [____] acres

Source of title: Deed dated [__/__/____], recorded [__/__/____], Book [_______], Page [_______], Instrument No. [_______]

EXHIBIT B — SURVEY OR PLAT (if applicable)

[Attach survey, plat, or sketch as Exhibit B.]

RECORDING INSTRUCTIONS

1. File the original Declaration with the Circuit Clerk and Ex-Officio Recorder of the county in which the Homestead Property is situated.

2. Pay the applicable recording fee (typically $15 first page + $5 each additional page in 2026; confirm with local clerk).

3. Retain a file-stamped copy in Declarant's permanent records and provide copies to:

☐ Declarant's attorney

☐ Declarant's bankruptcy counsel (if any)

☐ Title insurance company (for any pending refinance or sale)

☐ Spouse / joint declarant

4. Update the Declaration if any of the following occur:

☐ Marriage, divorce, or death affecting marital status

☐ Sale, lease, or change in occupation of the property

☐ Acquisition or release of liens

☐ Annexation of the property by a city or town (urban/rural reclassification)

Sources and References

• Ark. Const. art. 9, § 3 (homestead exemption from legal process)
• Ark. Const. art. 9, § 4 (rural homestead — acreage and value)
• Ark. Const. art. 9, § 5 (urban homestead — acreage and value)
• Ark. Const. art. 9, § 6 (homestead rights of surviving spouse and children)
• Ark. Code Ann. §§ 16-66-210 to -212 (statutory implementation; selection; abandonment)
• Ark. Code Ann. § 16-66-217 (election of state or federal bankruptcy exemptions)
• Ark. Code Ann. § 14-15-402 (circuit clerk as recorder of deeds)
• Ark. Code Ann. § 18-12-101 et seq. (recording instruments affecting real property)
• Ark. Code Ann. § 18-12-403 (spousal joinder for conveyance of homestead)
• 11 U.S.C. § 522(b)(3)(A), (o), (p), (q) (federal bankruptcy overlays)
• Smith v. Flash TV Sales & Service, Inc., 17 Ark. App. 185, 706 S.W.2d 184 (1986)
• Middleton v. Lockhart, 355 Ark. 434, 139 S.W.3d 500 (2003)
• In re Stinnett, 465 F.3d 309 (8th Cir. 2006) (interaction of Arkansas constitutional homestead with § 522(p))
• Arkansas Circuit Clerks' Recording Standards (consult county-specific recording requirements)