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Utah NOTARY SIGNATURE NOTARY SEAL (Name of Notary) pacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal.he basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized ca_______________ } ss. On ____________ before me, _________________________________________, personally appeared _________________________________________ personally known to me (or proved to me on tts stated in this homestead declaration are known to be true as of my own personal knowledge. Signature Printed Name Date Signature of Spouse Printed Name of Spouse Date State of Utah County of ___pendents that affected the amount of the homestead claimed.) 5. This property is my principal dwelling, and I reside in this property on the date that the homestead declaration is recorded. 6. The faced cash value of the property described in Section 1 above is $ 4. The amount of the homestead I am claiming in this property is $ . . (Include the name(s) and address(es) of your spouse or of any des property and the dwelling thereon as a homestead pursuant to the terms of §78-23-3 of the Utah Code. My spouse, , has not previously filed a declaration of homestead in this property. 3. The estimat______, in the City of ______________________, and County of _____________________________, State of Utah, and more particularly described as follows (give complete legal description): 2. I claim thieby certify and declare the following: 1. That I am the owner of the following property located at the address of _________________ ____________________________________________________________________________________________________ Address _____________________________________________ City State and Zip ) ) ) ) ) ) ) ) ) ) ) HOMESTEAD DECLARATION I, _____________________________________, do her copy of the recorded Declaration. Declaration of Homestead ­Married (Instructions) 2 Recording Request By and When Recorded Mail To _____________________________________________ Name _____________nty Recorder. You can find its address and telephone number in your local telephone directory. One Self-Addressed Stamped Envelopes. You will need this because you will be asking the clerk to return aollowing items: Forms. The original and a copy of the Declaration Fees. You will need to include a check for the recording fee. To get the specific amount of the recording fee you can contact your Couincluded and what you need done. You will want the clerk to record the Declaration and mail back it back to you (in the self-addressed stamped envelope you've enclosed). You will need to include the faddress and telephone number in you local telephone directory. Mail ­If you choose to mail your Declaration to the County Recorder you will need to begin with a cover letter explaining what you have ) 1 Fees. You will need to pay the clerk the amount of the recording fee, probably around $10. To get the specific amount of the recording fee you can contact your County Recorder. You can find its of your completed and notarized Declaration. You will tell the clerk you want to record a Declaration of Homestead. The clerk will help you from here. Declaration of Homestead ­Married (Instructionseclaration in person will be quicker because you won't have to wait for delivery. You can take the form to your County Recorder. You will need to bring in the original and two copies (just to be safe)eted forms in case additional copies are required by the court and for your personal records. Step 5: Recording. You can either record the Declaration in person or by mail. In Person ­Recording your Dlephone directory or at local bank. Take personal identification with you (e.g. social security card, driver license, passport, etc.). Step 4: Copies. You should make at least two copies of your complarization. Don't bother filling this in, it will be completed by the notary. B. RECORDING THE DECLARATION Step 3: Notary Acknowledgement. Take the form to a Notary Public, you can find one in your teIf you are the sole owner of the property, you can claim only up to $20,000. Signature and Date. You will need to have this form notarized, so wait to sign it until you are in front of the notary. Notmay both claim exemptions, up to a total of $40,000. Thus, if you are declaring a homestead in a property that you own jointly with another individual, then you can claim up to $40,000 in exemptions. legal description to ensure the validity of the homestead declaration. Amount of Homestead. While the maximum standard exemption for a primary residence in Utah is $20,000, joint owners of a property tion mailed to once it is recorded. Legal Description. You are asked to give a legal description of the dwelling, which can be taken off the deed to the property. Be sure that you include an accurate ropriate information in the form. Below are additional instructions for the trickier sections of the form: Return Address. In the upper right hand corner, insert the address you would like the DeclaraMPLETING THE FORMS Step 1: Read the Instructions Carefully. You need to read these instructions as well as the instructions contained in the form carefully. Step 2: Completing the form. Insert the apprwise) arising in any way out of the use of these materials. An attorney should be consulted for all serious legal matters. INSTRUCTIONS UTAH DECLARATION OF HOMESTEAD--MARRIED A. GETTING STARTED ­ CO goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otheits agents, partners or affiliates be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substituteor implied warranties of merchantability, suitability or completeness of any of the materials for your particular needs. The materials are used at your own risk. In no event will FindLegalForms, Inc, de legal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" found at findlegalforms.com. These materials are provided "AS-IS." We do not give any express ct forms that are difficult to read or they may input the information incorrectly. Disclaimer No Attorney-Client relationship is created by use of these materials. FindLegalForms, Inc. does not provipriate spaces or you can fill them out manually. If you are filling out the forms manually and are not using a typewriter, use black ink and print as legibly and neatly as possible. The court may rejens: (i) Information for the Declaration; (ii) Instructions for the Declaration; and (iii) The Declaration You can fill out the forms on the computer by entering the requested information in the approou must reside in the dwelling at the time of the recording; (iv) A resident of the state of Utah; and (v) A resident of the county where you will record the Declaration. Materials This packet contai you should read sections 78-23-3 to 78-23-14 of the Utah Code. Requirements To use this packet you must be: (i) The owner of a dwelling (e.g. house, condo, etc.), not a renter; (ii) Married; (iii) Yes, (v) up to one month's compensation for an employee's personal services or (vi) a special assessment imposed to defray costs of a public improvement that benefits the property. For more information debts were contracted prior to the homestead declaration, (ii) liens by contractors who put labor and materials into the dwelling, (iii) alimony, support or maintenance debts, (iv) state or local taxa security interest in the property will be valid unless both spouses execute that transfer. Please note: the exemption does not protect you from: (i) loans or debts secured by the dwelling where such of a dispute will help to avoid short deadlines and the mistakes that can arise therefrom. It is important to note that once a homestead is declared by a married couple, no conveyance of or grant of e is located. While you are entitled to make a homestead declaration after a creditor notifies you of its intent to file a claim against your home, having a declaration on file prior to the occurrencen order to ensure that your homestead is protected against creditors claims, you make sure that you have a valid homestead declaration recorded with the county recorder of the county in which your homcreditors may be able to force a sale of the home to recoup the difference. In such a situation, the exemption would still protect up to $20,000 of the proceeds of the sale, which you would receive. Ies). In other words, up to $20,000 of your equity in your home will be protected from the claims of creditors. It is important to note that if the value of your home exceeds this exemption, then your he homestead law protects a certain amount of your equity in your home from being taken to pay the judgment. In Utah, homestead exemptions are limited to $20,000 in value (or $40,000 for married couplou will receive a judgment from the court. If you do not pay the judgment, they can then try to collect the judgment by garnishing your wages, having your automobile sold or by having you home sold. TINFORMATION UTAH DECLARATION OF HOMESTEAD--MARRIED Overview A homestead law helps to protect you from losing your home to creditors. If you are sued for money in court and lose, the person who sued y Utah