Homestead

Please do not call me with questions about this: I don't know any more.

In California, a Homestead gives protection against involuntary claims against an owner's home.

The amount of equity protected depend on the classification of the owner. The amount of the homestead exemption is determined pursuant to Code of Civil Procedure Section 704.730 depending on the circumstances of the case at the time the amount is required to be determined.

The Homestead is either automatic or declared. To declare a Homestead, a one-page document must be filed in the County Recorder where the property is located.

Since California provides for an automatic Homestead, why file?  You do not have to file before a problem arises.

It is preferable to file a Declaration of Homestead before a claim is filed against the property. However, before such a claim can be filed against the property normally a lawsuit judgment is required. Thus, there is usually plenty of notice, and a Homestead can be filed even at the last minute.

I have not filed a Declaration of Homestead; why bother until a serious problem arises?

If you want to Declaration of Homestead, you can do it yourself, very easily, without using a professional service which charges too much and makes the benefits seem much greater than they are.

If you want to file, you can find a form from Fidelity National Title.  The amount of the homestead exemption may be verified at Code of Civil Procedure Section 704.730 . PLEASE DO NOT USE THIS FORM WITHOUT CHECKING IT OUT WITH YOUR LOCAL LAWYER.  It has to be properly filled in and recorded in the County where the residence is located.  The addresses are on the Fidelity web site.

Attach your legal description as Exhibit A. You can get this from the Grant Deed when you bought the property.

If I cannot record the Form in person, I can mail it with a blank check made payable to the County Recorder marked "NOT TO EXCEED $25."  Also bring / mail an extra copy of the Form; they will stamp the copy and give it back to you / mail it with your SASE.  Mailing addresses for many counties' Recorder's Offices.

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