Arkansas Constitution Article 9 - Exemption
Arkansas Constitution – Article 9: Exemption
Subject: Protection of Property from Seizure for Debt
📜 Purpose of Article 9:
Article 9 of the Arkansas Constitution is designed to protect certain property from being seized to pay debts. This is known as a homestead exemption and personal property exemption, ensuring that individuals and families are not completely stripped of their basic necessities by creditors.
🛡️ Key Provisions in Article 9:
Homestead Exemption (Sections 3–5):
A homestead (primary residence) is exempt from forced sale under legal process (like lawsuits or debt collection), except for:
Taxes
Purchase money (mortgage)
Improvements made on the property
Applies to both rural and urban homesteads, with acreage and value limits:
Rural: Up to 160 acres.
Urban: One city/town lot, used as a residence.
The family or head of household must occupy the property for it to qualify.
Personal Property Exemption (Section 1):
Personal property (e.g., furniture, tools, livestock) up to a certain value is protected from seizure.
Specific items and values are defined by state statute, but Article 9 establishes the constitutional basis.
Debtor Protection (Section 2):
A person’s property cannot be sold to pay debts unless expressly allowed by law, providing strong protection for individual rights.
Family Protection (Section 6):
The exemption is for the benefit of the family, and cannot be waived easily—especially not by the head of the family acting alone.
⚖️ Impact of Article 9:
Prevents total financial ruin of debtors by allowing them to keep essential property.
Encourages economic stability and protects families from homelessness due to debt.
Ensures fairness in the enforcement of judgments.
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