Legal Question in Real Estate Law in California
Homestead a manufactured home on leased land
Primary residence is a manufactured home on leased land. It
is not ''permanently affixed to a foundation''. The purchase price is $50K. Can it be homesteaded?
2 Answers from Attorneys
Re: Homestead a manufactured home on leased land
This question is not so simple to answer, better consult with an attorney that can advocate for your particular predicament. Call me directly at (619) 222-3504.
Re: Homestead a manufactured home on leased land
No. To be the subject of a declared homestead, the "dwelling" must be affixed to the ground and the ground must be owned, or leased for a period of two or more years. Code of Civil Procedure section 704.910.
However, in addition to the declared homestead, California has an automatic "homestead exemption" that requires no advance filing and is aplicable to a mobile home, whether or not affixed to the ground. CCP section 704.710(a)(2).
These two kinds of homestead are not exactly identical in protection afforded or other legal particulars. However, the automatic homestead is very helpful for mobile home dwellers who are experiencing financial difficulties.
See an attorney with respect to your various kinds of property if you are threatened with liens, levy, attachment, etc. of property--it may be exempt.
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