Legal Question in Real Estate Law in California

Re: homestead

California has two kinds of homestead; both are described in the Code of Civil Procedure (CCP), and both are indeed enforced!

The first kind of homestead is the so-called automatic homestead, or homestead exemption. It's set forth in the CCP as sections 704.710 to 704.850. It exempts portions of your home equity from creditor claims in the event of a judgment against you. It's automatic and available when needed without the necessity of filing anything, but the protection given is less in some respects than that available from a declared homestead.

A homeowner can also record a declared homestead by filling out and recording a fairly simple one-page form (available from stores that sell pre-printed legal forms and stationery). CCP sections 704.910 to 704.995 cover declared homesteads. A declared homestead has certain greater protection and other advantages and is worth recording by a homeowner who feels threatened by lawsuit, but is unnecessary for most folks.

Please note that these homestead laws are there to prevent homeowners from losing their modest homes in the event of being sued. The modern laws have nothing to do with the 18th and 19th Century concept of homesteading, where settlers could claim government land by settling and cultivating it for a certain number of years. That can no longer be done (as far as I know); I'd guess the last applicability of the pioneer-days homesteading laws was in Alaska in the 1930s.