Legal Question in Real Estate Law in California
homestead
i want to do a homestead on my house, i am married but iam sole owner of the house, i only saw two forms one is for married and joint owners of the house, the other form is for single, which form would i need if i am married but sole owner of the house.
2 Answers from Attorneys
Re: homestead
Why do you want to record a homestead? Your home is exempt from creditors' levies to the same extent whether this is recorded or not. Same for bankruptcy exemption.
The practical effect of recording a homestead is that the credit rating services may downgrade your credit score. If you are applying for credit or will soon, you may not want to do that.
I can't advise about what form to use without seeing the forms you have.
Re: homestead
I looked at the California Judicial Council web site to see if there were an "official" form or forms for filing Declaration of Homestead. I did not find any. Therefore, I conclude you are looking at buying a commercially-prepared form from a for-profit forms publisher.
In that case, you will have to ask your question to the private publisher.
Without seeing the forms, I cannot say whether one, the other, both, or neither of them, would work in your case.