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.


Asked on 1/05/04, 8:05 pm

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.

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Answered on 1/05/04, 9:33 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 1/05/04, 9:43 pm


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