Legal Question in Real Estate Law in California
Which Homestead Package
I'm married but my house is in a trust and in my name only. I also have a pre-nuptial in which the house would be mine in the event of divorce. Which packet do I purchase?
1 Answer from Attorneys
Re: Which Homestead Package
The house is your separate property if it is in the name of the trust and the trust document states it is your separate property. Code of Civil procedure provides, "704.920. A dwelling in which an owner or spouse of an owner resides
may be selected as a declared homestead pursuant to this article by
recording a homestead declaration in the office of the county
recorder of the county where the dwelling is located. From and after
the time of recording, the dwelling is a declared homestead for the
purposes of this article."
You do not have to purchase a package or anything else. Just create a document that complies with section 704.930. You can find it online at www.leginfo.ca.gov.
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