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.
Text current through end of 1998.