Constitution of Arkansas (2025 publisher edition) — Article 9

Publisher edition notice: This collection preserves the complete constitutional appendix of the Secretary of State’s 2025 Election Laws and Constitution compilation: its preamble, twenty original articles, schedule and 104 published amendments, including annotations and explicit repealed notices. Repealed notices remain historical publisher context. Later amendments have not been independently verified.

Article 9

ARTICLE 9
E XEMPTION
SECTION .
1. Personal property exemptions of persons not heads of
families.
2. Heads of families — Exempt personal property.
3. Homestead exemption from legal process — Excep-
tions.
4. Rural homestead — Acreage — Value.
5. Urban homestead — Acreage — Value.
SECTION.
6. Rights of widow and children.
7. Married woman’s separate property — Right of dispo-
sition — Not liable for debts of husband.
8. Scheduling separate personal property of wife.
9. Exemptions under Constitution of 1868 — Existing
obligations.
10. Homestead rights of minor children.
§ 1. Personal property exemptions of persons not heads of families.
The personal property of any resident of this State, who is not married or the head of a family,
in specific articles to be selected by such resident, not exceeding in value the sum of two hundred
dollars, in addition to his or her wearing apparel, shall be exempt from seizure on attachment,
or sale on execution or other process from any court, issued for the collection of any debt by
contract: Provided, That no property shall be exempt from execution for debts contracted for the
purchase money therefor while in the hands of the vendee.
§ 2. Heads of families — Exempt personal property.
The personal property of any resident of this State, who is married or the head of a family, in
specific articles to be selected by such resident, not exceeding in value the sum of five hundred
dollars, in addition to his or her wearing apparel, and that of his or her family, shall be exempt
from seizure on attachment, or sale on execution or other process from any court, on debt by
contract.
§ 3. Homestead exemption from legal process — Exceptions.
The homestead of any resident of this State, who is married or the head of a family, shall not
be subject to the lien of any judgment or decree of any court, or to sale under execution, or other
process thereon, except such as may be rendered for the purchase money, or for specific liens,
laborers’ or mechanics’ liens for improving the same, or for taxes, or against executors,
administrators, guardians, receivers, attorneys for moneys collected by them, and other trustees
of an express trust, for moneys due from them in their fiduciary capacity.
§ 4. Rural homestead — Acreage — Value.
The homestead outside any city, town or village, owned and occupied as a residence, shall
consist of not exceeding one hundred and sixty acres of land, with the improvements thereon, to
be selected by the owner; Provided, The same shall not exceed in value the sum of twenty-five
hundred dollars, and in no event shall the homestead be reduced to less than eighty acres,
without regard to value.
§ 5. Urban homestead — Acreage — Value.
The homestead in any city, town or village, owned and occupied as a residence, shall consist of
not exceeding one acre of land, with the improvements thereon, to be selected by the owner;
provided, the same shall not exceed in value the sum of two thousand five hundred dollars, and
in no event shall such homestead be reduced to less than one-quarter of an acre of land, without
regard to value.
617 Art. 9, § 5 EXEMPTION

-- 630 of 883 --

§ 6. Rights of widow and children.
If the owner of a homestead die, leaving a widow, but no children, and said widow has no
separate homestead in her own right, the same shall be exempt, and the rents and profits thereof
shall vest in her during her natural life; Provided, That if the owner leaves children, one or more,
said child or children shall share with said widow, and be entitled to half the rents and profits till
each of them arrives at twenty-one years of age — each child’s rights to cease at twenty-one years
of age — and the shares to go to the younger children; and then all to go to the widow; and,
provided, that said widow or children may reside on the homestead or not. And in case of the
death of the widow, all of said homestead shall be vested in the minor children of the testator or
intestate.
Publisher’s Notes. In Hess v. Wims, 272 Ark. 43, 613
S.W.2d 85 (1981), this section, as applied, was held to
violate the equal protection clause of the U.S. Constitution
in that it discriminated between widows and widowers. See
also Stokes v. Stokes, 271 Ark. 300, 613 S.W.2d 372 (1981).
For current, gender-neutral homestead exemption act, see
§ 16-66-210.
§ 7. Married woman’s separate property — Right of disposition — Not liable for debts
of husband.
The real and personal property of any femme covert in this State, acquired either before or
after marriage, whether by gift, grant, inheritance, devise or otherwise, shall, so long as she may
choose, be and remain her separate estate and property, and may be devised, bequeathed or
conveyed by her the same as if she were a femme sole; and the same shall not be subject to the
debts of her husband.
§ 8. Scheduling separate personal property of wife.
The General Assembly shall provide for the time and mode of scheduling the separate personal
property of married women.
§ 9. Exemptions under Constitution of 1868 — Existing obligations.
The exemptions contained in the Constitution of 1868 shall apply to all debts contracted since
the adoption thereof, and prior to the adoption of this Constitution.
Publisher’s Notes. This Constitution was ratified by
the people October 13, 1874, and its adoption was pro-
claimed October 30, 1874. See Proclamation by state board
of election supervisors, following Schedule to Constitution.
A constitutional convention was held in accordance with
Acts 1977 (1st Ex. Sess.), No. 3, as amended by Acts 1979,
No. 622, and a new constitution was proposed. The pro-
posed constitution was defeated at the general election
held November 4, 1980. Returns: For 276,257; Against
464,210.
§ 10. Homestead rights of minor children.
The homestead provided for in this article shall inure to the benefit of the minor children,
under the exemptions herein provided, after the decease of the parents.