Legal Question in Real Estate Law in California
California Homestead Declaration
Besides the $150,000 protection for homeowners over the age of 65, is there also a higher amount than $50,000 for homeowners who are disabled (of any age), and if so, what amount and what extra documentation is needed to prove this status?
1 Answer from Attorneys
Re: California Homestead Declaration
A person who is physically or mentally disabled so that he or she is "unable to engage in substantial gainful employment" is also protected up to $150,000 the same as someone over 65. Such disability is rebuttably presumed if the person is receiving disability insurance payments under Title II or supplemental security income payments under Titl XVI of the Social Security Act. See Code of Civil Procedure section 704.730(a)(3)(B).
Keep in mind that, in addition to the modest protection offered by a Declaration of Homestead, there are somewhat overlapping exemptions under the so-called automatic homestead.
Also, keep in mind that a declared homestead does not protect against voluntary liens like deeds of trust or involuntary liens recorded earlier than the homestead.
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