Legal Question in Real Estate Law in California

I would like to file a homestead for a mobilehome that i own. i do not own the property. can i do it? i saw you could claim a boat.


Asked on 3/11/10, 10:38 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, you need to be clear that in California there are two kinds of homestead exemption. One is the so-called automatic exemption, which exempts certain property from levy and execution to satisfy judgments. The other is known as a declared homestead. It is not automatic; you get it by preparing a recording a relatively simple declaration with the county recorder.

The protections afforded to a debtor more or less overlap, but not entirely. Therefore, most folks who are apprehensive about getting hit with a judgment are well advised to file the declared homestead before it's too late.

As I understand it, the automatic homestead covers, to some extent, the owner's equity in his or her principal residence, whether it is a house, trailer, manufactured home, boat or whatever.

However, a declared homestead cannot be recorded on anything that is not real property. A mobile home is not real property until it is affixed to a foundation and accepted as real property by local authorities. While it remains subject to DMV rules and is essentially a vehicle, it cannot be protected by a declared homestead.

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Answered on 3/16/10, 12:06 pm


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