Legal Question in Real Estate Law in California

CAL Homestead declaration questions-My husband and I co-own a house which is his primary residence. I own a condo which is my primary residence. Is it okay for us to file a homestead declaration on the house we co-own jointly? Or is it better that I file one for my condo, and he file one for the house? Will this homestead declaration interfer/cause confusion of the home owner exemption? (he is getting one for the house, and I am getting one for the condo currently). Do I need to file a new homestead declaration everytime one of us move? Thanks.


Asked on 6/21/10, 4:07 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You cannot record a declaration of homestead on a property that is not your primary residence, so your second scenario is the proper choice; and yes, you need a new filing whenever your primary residence changes. In addition to being your primary residence, the subject property must be one in which you claim some ownership interest.

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Answered on 6/22/10, 7:57 am


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