Legal Question in Real Estate Law in California

Re: Homestead Declaration

If by "protect," you mean protection against the sale of the residence, the short answer to that is: No. However, this is a lot more complicated than that and you may qualify for some exception to the law. If the lien attaches to the real property, a court can order the sale of a residence, subject to the homestead declaration, provided there is sufficent equity in the home to satisfy the lien. "Subject to the homestead declaration" means that if the property is found to be a real homestead (court makes a determination on that even if you have filed a declaration), then the sale can still be ordered but some amount (between $50k-$150k, depending on your situation) is protected against being given to the creditor. If there is insufficent equity, the homestead declaration may protect the owner-resident against the sale of the residence.