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Article 9, Arkansas Constitution

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Article 9 of the Arkansas Constitution is entitled Exemption. It has ten sections.

Section 1

Text of Section 1:

Personal Property Exemptions of Persons Not Heads of Families

The personal property of any resident of this State, who is not married or the head of a family, in specific articles to be selected by such resident, not exceeding in value the sum of two hundred dollars, in addition to his or her wearing apparel, shall be exempt from seizure on attachment, or sale on execution or other process from any court, issued for the collection of any debt by contract: Provided, That no property shall be exempt from execution for debts contracted for the purchase money therefore while in the hands of the vendee.[1]

Section 2

Text of Section 2:

Heads of Families - Exempt Personal Property

The personal property of any resident of this State, who is married or the head of a family, in specific articles to be selected by such resident, not exceeding in value the sum of five hundred dollars, in addition to his or her wearing apparel, and that of his or her family, shall be exempt from seizure on attachment, or sale on execution or other process from any court, on debt by contract.[2]

Section 3

Text of Section 3:

Homestead Exemption from Legal Process - Exceptions

The homestead of any resident of this State, who is married or the head of a family, shall not be subject to the lien of any judgment or decree of any court, or to sale under execution, or other process thereon, except such as may be rendered for the purchase money, or for specific liens, laborers' or mechanics' liens for improving the same, or for taxes, or against executors, administrators, guardians, receivers, attorneys for moneys collected by them, and other trustees of an express trust, for moneys due from them in their fiduciary capacity.[3]

Section 4

Text of Section 4:

Rural Homestead - Acreage - Value

The homestead outside any city, town or village, owned and occupied as a residence, shall consist of not exceeding one hundred and sixty acres of land, with the improvements thereon, to be selected by the owner; Provided, The same shall not exceed in value the sum of twenty-five hundred dollars, and in no event shall the homestead be reduced to less than eighty acres, without regard to value.[4]

Section 5

Text of Section 5:

Urban Homestead - Acreage - Value

The homestead in any city, town or village, owned and occupied as a residence, shall consist of not exceeding one acre of land, with the improvements thereon, to be selected by the owner; provided, the same shall not exceed in value the sum of two thousand five hundred dollars, and in no event shall such homestead be reduced to less than one-quarter of an acre of land, without regard to value.[5]

Section 6

Text of Section 6:

Rights of Widow and Children

If the owner of a homestead die, leaving a widow, but no children, and said widow has no separate homestead in her own right, the same shall be exempt, and the rents and profits thereof shall vest in her during her natural life; Provided, That if the owner leaves children, one or more, said child or children shall share with said widow, and be entitled to half the rents and profits till each of them arrives at twenty-one years of age - each child's rights to cease at twenty-one years of age - and the shares to go to the younger children; and then all to go to the widow; and, provided, that said widow or children may reside on the homestead or not. And in case of the death of the widow, all of said homestead shall be vested in the minor children of the testator or intestate.[6]

Section 7

Text of Section 7:

Married Woman's Separate Property - Right of Disposition - Not Liable for Debts of Husband

The real and personal property of any femme covert in this State, acquired either before or after marriage, whether by gift, grant, inheritance, devise or otherwise, shall, so long as she may choose, be and remain her separate estate and property, and may be devised, bequeathed or conveyed by her the same as if she were a femme sole; and the same shall not be subject to the debts of her husband.[7]

Section 8

Text of Section 8:

Scheduling Separate Personal Property of Wife

The General Assembly shall provide for the time and mode of scheduling the separate personal property of married women.[8]

Section 9

Text of Section 9:

Exemptions under Constitution of 1868 - Existing Obligations

The exemptions contained in the Constitution of 1868 shall apply to all debts contracted since the adoption thereof, and prior to the adoption of this Constitution.[9]

Section 10

Text of Section 10:

Homestead Rights of Minor Children

The homestead provided for in this article shall inure to the benefit of the minor children, under the exemptions herein provided, after the decease of the parents.[10]

See also

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