A properly recorded Homestead Declaration protects the declarant from losing a portion of his or her equity due to lawsuits that result in judgment liens being attached to the declarant's property.
Who is eligible for a Homestead Declaration?
All homeowners and/or their spouses, who reside in their home, and use it as their principal place of residence.
What are the current amounts of protection?
The equity, which is protected from lien attachment, is as follows:
- Each person owning an interest in the home,
such as an unmarried co-owner: $50,000
- Head or member of Family: $75,000
- Husband and Wife: $75,000
- Single (65 years and older or disabled): $150,000
- Husband and Wife (when one or both is 65
ordisabled): $150,000
- Single (55 years or older with a gross income
of not more than $15,000): $150,000
- Husband and wife (55 years or older with a joint
gross income of not more than $20,000): $150,000
Do these amounts ever change?
Yes, periodically, the California State Legislature will raise the amounts of entitlement. The homeowner will automatically receive the amount of the increase, without having to re-file additional paperwork.
Can I remove the Homestead?
Yes. There are three ways this can be accomplished:
- You can record a document called "Abandonment of Homestead"
- If you sell your home, the Homestead is automatically removed.
- By Operation of law, if you change your principal place of residence and you record a new Homestead, the
first Homestead that you recorded will cease to exist.
What items are not covered by the Homestead?
To name a few:
- Judgment for spouse or child support.
- Tax Liens & Mechanic's liens.
- Judgments recorded before your Homestead.
- Loans or debts secured by the property (Deed or Trust).
For further information on Homestead Protection, please consult an attorney.
Source: Orange Coast Title Company
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