Legal Question in Credit and Debt Law in California

Homestead and Protection Against Creditors

If judgements are against your name and all the property that you own and they have already put liens upon my home I am living in now, I need to know since I am going through a divorce can I still protect my other home by putting a homestead on it? Or is it to late even though they only have put judgements on the home I'm living in now? Not only that one of the creditors is actually the same bank that handles the mortgage on the other house. So should I even bother trying to keep this property, or just go 50/50 in the divorce settlement and get the judgements paid off, and sell everything?


Asked on 10/22/02, 1:42 pm

1 Answer from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Homestead and Protection Against Creditors

I seriously question that your judgment creditor has liened only the house other than the one you are now living in. All he/she has to do is to record an abstract of judgment in the county in which your real property is located. If that has not been done, or if it has been done and your present house is not in the same county as the recording, you have a judgment lien on your present house. Once that happens it is too late to file a homestead declaration.

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Answered on 10/22/02, 1:51 pm


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