ARTICLE X. EXEMPTIONS – Constitution of Alabama 2022
SEC. 204 PERSONAL PROPERTY OF VALUE OF ONE THOUSAND DOLLARS EXEMPT FROM SALE, EXECUTION OR OTHER PROCESS OF COURT ISSUED FOR COLLECTION OF DEBT.
The personal property of any resident of this state to the value of one thousand dollars, to be selected by such resident, shall be exempt from sale or execution, or other process of any court, issued for the collection of any debt contracted since the thirteenth day of July, eighteen hundred and sixty-eight or after the ratification of this Constitution.
SEC. 205 HOMESTEAD NOT EXCEEDING EIGHTY ACRES OR CITY, TOWN OR VILLAGE LOT NOT EXCEEDING TWO THOUSAND DOLLARS IN VALUE EXEMPT FROM SALE, EXECUTION OR OTHER PROCESS OF COURT ISSUED FOR COLLECTION OF DEBT; EXCEPTION AS TO MORTGAGES.
Every homestead not exceeding eighty acres, and the dwelling and appurtenances thereon, to be selected by the owner thereof, and not in any city, town, or village, or in lieu thereof, at the option of the owner, any lot in a city, town, or village, with the dwelling and appurtenances thereon owned and occupied by any resident of this state, and not exceeding the value of two thousand dollars, shall be exempt from sale on execution or any other process from a court; for any debt contracted since the thirteenth day of July, eighteen hundred and sixty-eight, or after the ratification of this Constitution. Such exemption, however, shall not extend to any mortgage lawfully obtained, but such mortgage or other alienation of said homestead by the owner thereof, if a married man, shall not be valid without the voluntary signature and assent of the wife to the same.
SEC. 206 HOMESTEAD OF FAMILY EXEMPT FROM PAYMENTS OF DEBT AFTER DEATH OF OWNER DURING MINORITY OF CHILDREN.
The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of any debts contracted since the thirteenth day of July, eighteen hundred and sixty-eight, or after the ratification of this Constitution, in all cases, during the minority of the children.
SEC. 207 LABORERS’ LIENS AND MECHANICS’ LIENS NOT BARRED BY SECTIONS 204 AND 205.
The provisions of sections 204 and 205 of this Constitution shall not be so construed as to prevent a laborers’ lien for work done and performed for the person claiming such exemption, or a mechanics’ lien for work done on the premises.
SEC. 208 HOMESTEAD EXEMPT UPON DEATH OF OWNER, LEAVING WIDOW, BUT NO CHILDREN.
If the owner of a homestead die, leaving a widow, but no children, such homestead shall be exempt, and the rents and profits thereof shall inure to her benefit.
SEC. 209 PROPERTY RIGHTS OF FEMALES; PROPERTY OF WIFE NOT LIABLE FOR DEBTS, ETC., OF HUSBAND.
The real and personal property of any female in this state, acquired before marriage, and all property, real and personal, to which she may afterwards be entitled by gift, grant, inheritance, or devise, shall be and remain the separate estate and property of such female, and shall not be liable for any debts, obligations, or engagements of her husband, and may be devised or bequeathed by her, the same as if she were a femme sole.
SEC. 210 WAIVER OF RIGHT OF EXEMPTION.
The right of exemption hereinbefore secured may be waived by an instrument in writing, and when such waiver relates to realty, the instrument must be signed by both the husband and the wife, and attested by one witness.