Legal Question in Real Estate Law in California

Homestead Particulars

Are there any downfalls to ''Declared Homesteading'' a residence? Such as, do you have to retain ownership of the mentioned property for a set length of time before you can sale?


Asked on 5/06/03, 4:43 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Homestead Particulars

The main downside I can think of is that a declaration of homestead may be a yellow flag (or red flag?) to creditors or prospective lenders that you're having financial problems or facing a possible judgment.

The homesteaded property must be your residence at the time you declare homestead, but there are no restrictions on a future sale which, of course, would terminate the homestead.

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Answered on 5/06/03, 5:05 pm


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