Legal Question in Real Estate Law in California

Homestead Filing for Couples in CA

# 2 in the Homestead Declaration form for couples, the last part says to give complete legal description of the property. Am I just suppose to put down whether it is a house or condo or do I have to provide more specific info such as coordinates, etc.?


Asked on 10/24/07, 1:34 pm

1 Answer from Attorneys

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

Re: Homestead Filing for Couples in CA

A "legal description" is one that uniquely identifies the parcel of land so that it cannot be confused with any other parcel of land. There are several methods of legal description in common use. Perhaps the simplest are the descriptions that refer to a particular lot on a record of survey map that has already been filed with the county recorder. Other common methods are "metes and bounds" describing boundaries beginning at a defined point and then progressing a certain distance therefrom in a certain direction. Larger parcels are often legally described in the township-range-section method, e.g. "the northwest quarter of the southeast quarter of section 22, township 4 north, range 11 east, Mt. Diablo base and meridian."

The best source of a legal description is your deed.

Keep in mind that it is the land they want identified, not the improvements on the land. The improvements come along with the land, not vice-versa.

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Answered on 10/24/07, 2:12 pm


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