Legal Question in Credit and Debt Law in California

Homestead excemption

My father in law has a lien against his house in which he resides. He wants to sell the house. The homestead law indicates that for persons of 65 years of age or older the homestead exemption is $125,000. If a person voluntarily sell his/her house, does the homestead exemption still apply? Will the broker and escrow fee be deducted from the total amount or the $125,000 excemption. If the exemption is taken does it has to be reinvested into a new house within six month?


Asked on 9/10/01, 9:55 am

1 Answer from Attorneys
Alexander Trueblood Trueblood Law Firm

Re: Homestead excemption

I think you are confusing the homestead exemption with tax exemptions. You should not have to reinvest in a new house to claim the homestead exemption. However, the amount may not be $125,000 either. You really should invest in hiring a lawyer in this situation. Your home is at stake and you should spend a few hundred dollars to protect it by hiring a specialist.

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Answered on 10/25/01, 7:57 pm


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