Bankruptcy Forum

AZ. Has anyone claimed a homestead, yet was not living in it?

SamanthaJones
01-28-2007, 05:14 PM
One lawyer told me he thinks I can claim any house I want as my homestead, and I don't really have to be living in it when I file, as long as the petition maeks it clear what house I am claiming as exempt. However- the petition reads like: " property in which you currently reside". Comments/experiences with people that own more than one house and filed CH7?

HHM
01-28-2007, 08:31 PM
This is an issue that varies from state to state...because the homestead exemption is based on state law, and without exception, the requirement of a valid homestead is that you reside in the home (many states require that you have filed a Declaration of Homestead with the county recorder). If you have more than one home, you might be able to claim a homestead on a home you "intend" to live in. But in any event, the homestead can only apply to ONE home.