Helen owns a home in Texarkana, Arkansas, as her primary residence. The home sits on a 0.35-acre lot within the city limits. A judgment creditor attempts to force a sale of the home to satisfy a $90,000 debt. Helen asserts the Arkansas constitutional homestead exemption. Which of the following best describes the outcome?
Correct Answer
B) The homestead exemption fully protects 0.25 acres of the lot; the creditor may be able to reach the excess 0.10 acres
Under the Arkansas Constitution, Article 9, §§ 3–6, the urban homestead exemption protects up to 1/4 acre (0.25 acres). Helen's lot is 0.35 acres, which exceeds the urban limit by 0.10 acres. The exemption fully protects the 0.25-acre homestead, but the excess 0.10 acres is not protected by the homestead exemption and may be subject to the creditor's claim. The creditor cannot force a sale of the protected 0.25-acre homestead but may pursue the excess portion.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
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