Legal Question in Real Estate Law in California

Homesteader's Deed

I own a mobile home. I might get sued over a hit and run accident. I am registered owner of the vehicle. Daughter,33, was driver. Will a homesteader's deed protect my home from being taken ?


Asked on 4/08/07, 5:57 pm

1 Answer from Attorneys

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

Re: Homesteader's Deed

It's called a Declaration of Homestead, not a homesteader's deed.

The fact that you live in a mobile home does not disqualify you from recording a Declaration of Homestead (DOH). It will protect some equity in your mobile home residence, and is probably a good idea for you in the circumstances. If you are over 65 at the time a judgment creditor tries to collect, you may be able to protect up to $150,000 in equity.

The DOH technically does not prevent the creditor from levying on your home and selling it; it only assures that if you have some equity in it, you will receive some cash before the creditor gets any. However, unless the mobile home is unusually valuable, if it is protected by a DOH they probably won't find it worthwhile to levy, especially if you are over 65 and have the full $150,000 protection.

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Answered on 4/08/07, 8:20 pm


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