33-1102. Exemption by operation of law;
designation of multiple properties on creditor's request;
recording
A. A person who is entitled to a homestead exemption as prescribed by section
33-1101 holds that exemption by operation of law and no written claim or recording is
required. If a person has more than one property interest to which a homestead exemption
may reasonably apply, a creditor may require the person to designate which property, if
any, is protected by the homestead exemption. The creditor shall demand the designation
by sending a letter by certified mail, return receipt requested, to each address of the
person which may reasonably be protected by the homestead exemption. The person shall
designate the property by recording a homestead exemption in the office of the county
recorder where the property is located or by sending the creditor a certified letter,
return receipt requested, within thirty days of receiving the creditor's demand
letter. If the person receives the creditor's letter and fails to respond as provided by
this subsection, the person may only assert the homestead exemption by recording a claim
in the office of the county recorder where the property is located.
B. If the person is married, the homestead may be selected from the community
property, the joint property or the separate property of the person.
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