HB335 Alabama 2015 Session

Summary

Primary Sponsor

Richard Lindsey

Democrat

Session

Regular Session 2015

Title

Article X, Homestead exemptions, repealed and readopted as a new Article X to the Constitution of Alabama of 1901, const. amend.

Summary

HB335 would repeal and readopt Article X of the Alabama Constitution to create a modern set of exemptions from forced sale for homesteads and other property, with the option to waive exemptions in writing, effective January 1, 2017.

What This Bill Does

It would repeal the current Article X and replace it with a new Article X that authorizes the Legislature to set by general law what property is exempt from forced sale for debt, including homesteads and personal property. It also allows exemptions to be waived by a written instrument signed by the person and witnessed by one person. It would delete outdated provisions related to laborers' and mechanics' liens and to property rights of females. The amendment would take effect January 1, 2017 and would require voter approval in an election.

Who It Affects

• Property owners in Alabama (including homeowners with homesteads and owners of other exempt property) who may have debts and seek exemptions from forced sale, with amounts and conditions set by general law.
• Property owners who wish to waive exemptions (by a signed writing with a witness), and creditors or lenders who may rely on such waivers.

Key Provisions

• Repeals existing Article X and adds a new Article X on Exemptions from Forced Sale.
• Authorizes the Legislature to provide by general law for exemptions from forced sale for homesteads, personal property, and other property; sets exemption amounts and conditions by general law.
• Exemptions may be waived by a written instrument signed by the grantor and attested by one witness.
• Operative date is January 1, 2017.
• Requires an election where voters will decide whether to approve the amendment.
• Deletes provisions related to laborers' and mechanics' liens and to property rights of females.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Constitutional Amendments