Legal Question in Real Estate Law in California
Homestead
What happens to a homestead if there is a divorce?
Asked on 2/13/09, 7:21 pm
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Re: Homestead
The homestead continues to protect the equity in that property of whichever former spouse the property was awarded to in the decree of dissolution, and it is protected against the debts of either former spouse. If the decree does not award the property to one or the other, but leaves some ownership to each former spouse, those protection continues as to the interest of each.
Reference: Miller & Starr's treatise on California Real Property, Volume 13, Section 29.
I would recommend, however, after the dust settles, that each former spouse re-file homestead on whatever property qualifies for them individually.
Answered on 2/13/09, 9:36 pm