Legal Question in Real Estate Law in California

Re: Declaration Homestead

If homestead protection of equity rather than domestic status is you real issue, you should consider each filing homestead separately on your half interest. As I understand it, this is not only possible, but will give you comparable protection. Keep in mind that one joint tenant's debts do not allow the creditor to attack the other joint tenant's half interest (under most circumstances and assuming that the obligation is not owed jointly by the other co-owner).

Re: Declaration Homestead

Marriage is a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary. Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized by this

division, except as provided by Section 425 and Part 4 (commencing

with Section 500).

(Fam. Code section 300)

California does not have what is known as common law marriage. The exception to this rule is that California will recognize a common law marriage if it was entered into in a state that legally recognizes common law marriage.

You are not legally married.

Very truly yours,

Re: Declaration Homestead

California does not recognize common law marriages. As such, in the eyes of California, you are not married.

Good luck! Feel free to contact my office if you need assistance.

Re: Declaration Homestead

You could file for domestic partnership status without getting married. The law says that you have to be of the same sex or entitled to Social Security benefits in order to file for Domestic Partnership status. However, this law is unconstitutional on its face because it unlawfully discriminates against persons because of their gender. You should be able to get a court order requiring the secretary of state to file the document declaring you to be domestic partners. This would give you and your partner a $75,000 to $150,000 exemption in your property. However, as it stands right now, each of you has a $50,000 exemption which collectively adds up to $100,000, and if either one of you has minor children then the collective exemption would be $125,000. If both of you have minor children, then the exemption collectively would be $150,000. Depending on your particular situation, you may be better off not being married or domestic partners than you would be if your were married or domestin partners. I would be happy to assist you with the claim of exemption forms.