Arizona § 33-1103 Homestead exemption; extent of exemption; exceptions

Arizona Statutes

§ 33-1103 — Homestead exemption; extent of exemption; exceptions

Arizona § 33-1103

Title 33Arizona Revised Statutes

Ch. 8HOMESTEAD AND PERSONAL PROPERTY EXEMPTION

Art. 1Homesteads and Homestead Exemption

This text of Arizona § 33-1103 (Homestead exemption; extent of exemption; exceptions) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 33-1103 (2026).

Text

A. Real property that is subject to the homestead exemption provided for in section 33-1101, subsection A is exempt from involuntary sale under a judgment or lien, except in connection with: 1. A consensual lien, including a mortgage or deed of trust, or contract of conveyance. 2. A lien for labor or materials claimed pursuant to section 33-981. 3. A lien for child support arrearages or spousal maintenance arrearages. An award of court ordered support is not a lien for the purposes of this paragraph unless one of the following applies:

(a)An arrearage has been reduced to judgment.

(b)A lien exists pursuant to section 25-516.

(c)The court orders a specific security interest of the property for support. 4. A recorded civil judgment or other nonconsensual lien that is not otherwise

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A. Real property that is subject to the homestead exemption provided for in section 33-1101, subsection A is exempt from involuntary sale under a judgment or lien, except in connection with:

1. A consensual lien, including a mortgage or deed of trust, or contract of conveyance.

2. A lien for labor or materials claimed pursuant to section 33-981.

3. A lien for child support arrearages or spousal maintenance arrearages. An award of court ordered support is not a lien for the purposes of this paragraph unless one of the following applies:

(a) An arrearage has been reduced to judgment.

(b) A lien exists pursuant to section 25-516.

(c) The court orders a specific security interest of the property for support.

4. A recorded civil judgment or other nonconsensual lien that is not otherwise prescribed in this subsection if the debtor's equity in the real property exceeds the homestead exemption under section 33-1101.

B. A sale as described in subsection A of this section and not excepted by subsection A, paragraph 1, 2, 3 or 4 of this section is invalid and does not convey an interest in the homestead property, whether made under a judgment existing before or after the homestead is established.

C. In a contempt proceeding brought to enforce payment of any form of child support or spousal maintenance, the court may consider the portion of property claimed as exempt pursuant to section 33-1101, subsection A, as a resource from which an obligor has the ability to pay.