Arizona Declaration of Homestead

When recorded, return to:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Caption space — DO NOT WRITE BELOW THIS LINE FOR RECORDER'S USE

DECLARATION OF HOMESTEAD

(Pursuant to A.R.S. §§ 33-1101 and 33-1102)

1. Identity and Marital Status

I, [DECLARANT FULL LEGAL NAME], [☐ a single person] [☐ married to and residing with spouse [SPOUSE FULL LEGAL NAME]] [☐ married but separated from [SPOUSE FULL LEGAL NAME]] [☐ widow/widower of [DECEASED SPOUSE]], of lawful age and a resident of the State of Arizona, hereby make this Declaration of Homestead under and pursuant to Arizona Revised Statutes §§ 33-1101 through 33-1105.

2. Statement of Eligibility

I declare that I am eighteen (18) years of age or older, or am the head of a household; that I reside in the State of Arizona; and that I claim the homestead exemption authorized by A.R.S. § 33-1101 in the property described below.

☐ Declarant is the sole owner.

☐ Declarant and spouse hold title as community property.

☐ Declarant and spouse hold title as joint tenants with right of survivorship.

☐ Declarant holds title in trust dated [__/__/____], titled [TRUST NAME], of which declarant is settlor and beneficiary.

☐ Declarant holds title as tenant in common with: [________________________________]

3. Description of Property Claimed as Homestead

I claim the homestead exemption in the following real property (and any improvements, fixtures, and appurtenances thereon), which is my dwelling place and principal residence:

Legal description (full metes-and-bounds or platted lot/block):

[INSERT FULL LEGAL DESCRIPTION FROM VESTING DEED OR ATTACH AS EXHIBIT A AND INCORPORATE BY REFERENCE]

☐ The full legal description is attached as Exhibit A and incorporated by this reference.

4. Statement of Residence and Use

I declare that the above-described property is the dwelling house in which I actually reside, that I have not abandoned my homestead within the meaning of A.R.S. § 33-1104, and that no other person has claimed a homestead exemption in any other property of mine or my family.

5. Amount of Exemption Claimed

Pursuant to A.R.S. § 33-1101(A), as amended by Arizona Proposition 209 (approved by the voters on November 8, 2022, and effective December 5, 2022), the homestead exemption protects the declarant's equity in the homestead property up to Four Hundred Thousand Dollars ($400,000), subject to annual cost-of-living adjustments tied to the Consumer Price Index for All Urban Consumers and rounded to the nearest one hundred dollars (effective January 1 of each year beginning January 1, 2024).

6. One Homestead Per Family

Pursuant to A.R.S. § 33-1101(B), only one homestead exemption may be held by a married couple or single person at any one time in this state. I affirm under penalty of perjury that:

☐ Neither I nor my spouse currently holds, claims, or asserts a homestead exemption in any other property in Arizona or in any other state.

☐ Any prior homestead in any other property has been abandoned in fact and in writing under A.R.S. § 33-1104(A) by [☐ permanent removal from the prior homestead] [☐ recorded declaration of abandonment dated [__/__/____], Doc. No. [____________]].

7. Response to Creditor Demand (If Applicable)

☐ Not applicable. No creditor has served a designation demand under A.R.S. § 33-1102(B).

☐ This Declaration is made in response to a creditor demand for designation of homestead served on [__/__/____] by [CREDITOR NAME] in connection with [☐ judgment in [COURT], Case No. [____________]] [☐ other: [________________________________]]. This Declaration is timely filed within thirty (30) days of service.

8. Statement Regarding Prop 209 Application

The exemption amount claimed in this Declaration reflects the dollar limits established by Proposition 209 (2022) and codified at A.R.S. § 33-1101(A), as supplemented by any CPI adjustment in effect on the date of this Declaration.

9. Property and Liens NOT Affected by Homestead

Pursuant to A.R.S. § 33-1103, the homestead exemption claimed herein does NOT apply against:

(a) A consensual lien, including a mortgage or deed of trust, voluntarily granted by the declarant.

(b) A lien for labor or materials furnished in the construction, alteration, or repair of the homestead.

(c) A lien for past-due child support or spousal maintenance.

(d) A lien securing payment of taxes assessed against the property.

(e) A lien recorded against the property before it was claimed as a homestead.

The declarant acknowledges and consents to the priority of all such non-affected liens.

10. Verification

I, [DECLARANT NAME], declare under penalty of perjury under the laws of the State of Arizona that I have read the foregoing Declaration of Homestead, that I know the contents thereof, and that the facts stated above are true and correct of my own knowledge, except as to those matters stated upon information and belief, and as to those matters I believe them to be true.

Executed at [CITY], [COUNTY] County, Arizona, on this [____] day of [____________], 20[____].

11. Notary Acknowledgment

On this [____] day of [____________], 20[____], before me, the undersigned notary public, personally appeared [DECLARANT NAME] [and [SPOUSE NAME]], whose identity was proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.

In witness whereof, I hereunto set my hand and official seal.

12. Recording Reference

EXHIBIT A — LEGAL DESCRIPTION

[INSERT FULL LEGAL DESCRIPTION HERE — VERBATIM FROM VESTING DEED]

EXHIBIT B — VESTING DEED REFERENCE

Sources and References

• A.R.S. § 33-1101 (Homestead exemption; persons entitled to hold homesteads): https://www.azleg.gov/ars/33/01101.htm
• A.R.S. § 33-1102 (Homestead exemption; how acquired): https://www.azleg.gov/ars/33/01102.htm
• A.R.S. § 33-1103 (Conditions exempt and not exempt from process): https://www.azleg.gov/ars/33/01103.htm
• A.R.S. § 33-1104 (Abandonment of homestead): https://www.azleg.gov/ars/33/01104.htm
• A.R.S. § 33-1105 (Sale of property exceeding homestead): https://www.azleg.gov/ars/33/01105.htm
• A.R.S. § 33-1133 (Federal exemption opt-out): https://www.azleg.gov/ars/33/01133.htm
• Arizona Proposition 209 (2022) (Predatory Debt Collection Protection Act) summary: https://ballotpedia.org/Arizona_Proposition_209
• Maricopa County Recorder: https://recorder.maricopa.gov/
• Pima County Recorder: https://www.pima.gov/258/Recorder
• Arizona Court of Appeals decisions affirming Prop 209: search Arizona Judicial Branch opinions: https://www.azcourts.gov/