Alabama Constitution Section 208 Homestead exempt upon death of owner leaving widow but no children
Alabama Constitution – Section 208: Homestead Exempt Upon Death of Owner Leaving Widow but No Children
Here is the text and explanation of Section 208 of the Alabama Constitution:
Text of Section 208:
"The homestead of any resident of this state, who is married or the head of a family, shall be exempt from sale under execution or other process from a court, to the value of two thousand dollars in real property, and five hundred dollars in personal property; and the same exemption shall extend to the widow, surviving husband, or minor child or children of such person after his or her death. But this exemption shall not affect any debt secured by mortgage on the premises, executed and acknowledged by both husband and wife, if the owner is married, or by the owner and the person who becomes the surviving spouse if not married at the time of the mortgage."
Explanation:
This section provides a homestead exemption for residents of Alabama who are:
Married, or
The head of a family.
Upon the death of the owner, the exemption continues for the surviving spouse (widow or widower), or minor children, even if there are no children, as long as a widow or widower remains.
The exemption covers:
Up to $2,000 in real estate (homestead),
Up to $500 in personal property.
However, this exemption does not apply to debts secured by a mortgage if:
The mortgage was properly signed and acknowledged by both the husband and wife (if married), or
By the owner and their eventual surviving spouse (if not married at the time).
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