Money & Debt · Homestead (creditor protection)
Homestead Exemption from Creditors in Arizona
How much of your home equity is shielded from a judgment creditor in Arizona, what the exemption does not stop, and how to claim it, cited to the statute.
What is protected in Arizona
The equity shielded from creditors, how it applies, and the debts it cannot stop.
| Rule | In Arizona | What it means |
|---|---|---|
| Applies automatically | Yes | Automatic under §33-1102. No filing or recording is required. A declaration may be recorded only to help protect sale proceeds. |
| Married or co-owned | See note | Does not double. §33-1101(B) allows only one homestead exemption per married couple or single person. |
| Statute | A.R.S. § 33-1101 | The controlling authority. Read the full text through the source link below. |
Equity protected: $400,000
A resident may hold a homestead exempt from attachment, execution, and forced sale up to $400,000 in equity in a house, condominium, cooperative, or mobile home plus land. The $400,000 base, up from $250,000 via 2022 Proposition 209, is adjusted annually for the cost of living beginning January 1, 2024.
Does not stop
The exemption does not stop a consensual mortgage or deed of trust, a tax lien, a mechanic’s or materialman’s lien, or certain judgment liens that can attach to equity above the exempt amount.
The $400,000 base is adjusted annually for the cost of living beginning January 1, 2024, so the figure protected in 2026 is higher than the base. Arizona sets the current amount by that annual adjustment, so confirm the current figure before you rely on it.
The exemption was raised from $250,000 to $400,000 by voter-approved Proposition 209 in November 2022 and is now indexed annually, so the amount continues to rise each year.
What you can do right now
Concrete, neutral steps to protect home equity in Arizona. This is legal information, not legal advice.
- Estimate your home equity
Subtract what you still owe on the mortgage from your home’s value. The homestead exemption protects that equity from a judgment creditor up to the current limit, so knowing the number tells you how much is shielded.
- Confirm the current figure for this year
The base is $400,000, but it adjusts annually for the cost of living beginning January 1, 2024, so the 2026 amount is higher. Check the current adjusted figure before you rely on it.
- Know the debts it cannot stop
The exemption does not defeat a mortgage or deed of trust you signed, a tax lien, or a mechanic’s lien for work on the home. Certain judgment liens can also attach to equity above the exempt amount.
- Get Arizona help with a judgment
If a creditor with a judgment threatens your home, act early. The exemption is automatic, but a local legal aid office or attorney can explain how it applies and how to protect any sale proceeds.
This is general legal information, not legal advice. Liens, bankruptcy choices, and local rules can change how the exemption applies to your home.
What people get wrong in Arizona
First, a distinction that trips up almost everyone: this is the homestead exemption that protects your home’s equity from creditors, not the separate property-tax break that also uses the word homestead. Under A.R.S. §33-1101, an Arizona resident may hold a homestead exempt from attachment, execution, and forced sale up to $400,000 in equity in a house, condominium, cooperative, or mobile home plus land. That $400,000 base, up from $250,000 after voters passed Proposition 209 in 2022, is adjusted annually for the cost of living beginning January 1, 2024, so the figure protected in 2026 is higher than the base. The exemption is automatic under §33-1102, so there is nothing to file, though a declaration can be recorded to help protect sale proceeds. It does not double: §33-1101(B) allows only one exemption per married couple or single person. And it never defeats a mortgage you signed, a tax lien, or a mechanic’s lien for work on the home.
Common questions
How much home equity is protected from creditors in Arizona?
Under A.R.S. §33-1101, the exemption protects up to $400,000 in home equity from attachment, execution, and forced sale. That base was set by Proposition 209 in 2022 and is adjusted annually for the cost of living beginning January 1, 2024, so the 2026 figure is higher. Confirm the current amount before relying on it.
Is the Arizona homestead exemption automatic?
Yes. The exemption is automatic under §33-1102, so no filing or recording is required. A declaration may be recorded only to help protect the proceeds of a sale, but it is not needed for the exemption to apply.
Does the Arizona homestead exemption stop a foreclosure?
No. The exemption protects equity from a judgment creditor, not from a debt secured by the home. It does not defeat a consensual mortgage or deed of trust, a tax lien, or a mechanic’s lien for work on the property. Those can still be foreclosed despite the homestead.
Does the Arizona homestead exemption double for a married couple?
No. §33-1101(B) allows only one homestead exemption per married couple or single person, so it does not double. The single limit is the ceiling regardless of how many owners there are.
What is the difference between the homestead creditor and homestead tax exemption in Arizona?
They are different protections. The creditor exemption on this page shields your home equity from a judgment creditor forcing a sale. A property-tax homestead exemption lowers the taxable value of your home to cut your annual property tax bill. One is asset protection, and the other is a tax break.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.