Legal Question in Real Estate Law in California
Hello, I asked the question about homesteading parcels and had a follow up question. If both parcels are legally combined (to become one parcel, under one tax bill would they then both be elegible for the homestead exemption?
Thannk You
2 Answers from Attorneys
I would think that if the parcels are legally combined (meerged), there are no longer two parcels. There is no longer any 'both' to be concerned abount. There is only one parcel. I would add that anyone seeking to protect property from seizure for liens and liabilities needs to understand the limitations of homesteads.
Yes, they would, but you also need to bear in mind that homestead exemptions only affect distribution of the proceeds of a sale under a writ of execution. If the one parcel with the house on it is worth more than the exemption already, then combining the other parcel will gain you nothing and will lower the total value of the property, since two parcels are almost inevitably more valuable than one. In addition, if the equity in the parcel with the home on it does NOT exceed the value of the homestead exemption, the creditor cannot execute on it, but if you combine the parcels and there is then net equity, the creditor can sell your home when otherwise they could not. So you really need to talk to a knowledgeable lawyer before you try anything like this.