Legal Question in Real Estate Law in California

Homestead Declaration Specific Help Needed to Allow - Special Circumstances

Hello, I have owned my home 50/50 with my parents since late 80's and lived in it continuously. In 2002, refinanced in own name, and parents finished quit claim to me in 2003. During 2003-4, several times I moved out due to duress and harassment from legal dispute brought on by siblings over my home and jealousy thereof. I was at my home for the past 2+ months, and had a tenant move in the first week of September, 2004. I would like to file a Homestead Declaration to protect me, as an unjust claim is being filed against me. I have lived there for 15 years+. I have now read all the rules and kick myself for not knowing I was supposed to file this. Do I ask the good tenants to move out? Do I ask them to let me stay there for a week when they are gone, and file it then? (Do I need to credit them rent so I'm the occupant, or just live there.) In our area, the day I walk in it's filed and recorded. I read I have to be living there on the day I record this. Any other way to effectuate this? Would they grant it on a prior date given the circumstances? Do they care that I moved, was harassed, house was vandalized? I need the Homestead. This is my permanent residence. Any advice you can offer would be appreciated.


Asked on 9/10/04, 6:47 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Homestead Declaration Specific Help Needed to Allow - Special Circumstances

A declaration of homestead is valid only so long as you reside in the home.

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Answered on 9/14/04, 1:54 am


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