Legal Question in Real Estate Law in California

I want to homestead my house. Can my house be taken away for something that my minor children may do. Should I add their names to the homestead form that I take to the county recorder


Asked on 7/27/10, 4:04 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Your house is automatically homesteaded so there is nothing you need do as to that. You are liable for up to I believe $25,000 for the negligence of your children. Your children can not be added as they have no ownership interest, the maximum homestead protection already is in place, and any judgment against them [and not you] has no effect up[on the house since they do not own it.

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Answered on 8/01/10, 7:04 pm
Anthony Roach Law Office of Anthony A. Roach

Your question is too general to automatically assume that you are liable for everything your children do. It depends on the context and the circumstances. For example, if you son was 16, and was driving a car for his employer, and was negligent, the employer would be liable, not you. You might be appointed the guardian ad litem, but the employer would be worried about it.

Adding your children to your homestead is not going to give them immunity. You already have an automatic homestead exemption, which protects you.

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Answered on 8/01/10, 9:07 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There are two kinds of homestead protection in California, the "automatic" homestead and the declared homestead. The protection they offer from creditors is indeed somewhat overlapping, but not entirely, as the previous answers seem to suggest. Therefore, homeowners who are facing possible judgments should consider filing a declared homestead. One of the requirements is an ownership interest, and since the minor children presumably aren't owners, their names cannot go on a declaration of homestead, nor do they have any interest that could be protected. If your children may be creating liability for themselves or you from their conduct, I'd say nip the conduct in the bud, and ask your homeowner insurance agent whether your policy protects you and your household members from lawsuits, and if so, the nature and extent of the coverage, and (if needed) whether additional coverage can be purchased.

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Answered on 8/03/10, 6:19 pm


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