Legal Question in Real Estate Law in California
Homesteading in CA - single or couple?
bHi there,
We purchased a 2nd home about 6 yrs ago in the Palm Springs/Palm Desert area of CA. It is now our primary home. It is a condo in a lg development of about 1200 units. We pay a mo CAM fee and what is called a ''non golf'' fee - as we dont have golf membership. If we file for homesteading in CA are we protected from these types of fees?
Secondly, after 17 yrs we arent legally married. The house is in his name only as my credit was poor when the prop was purchased (due to medical). Do we file as a couple or does he file as single? We were paying xtra on the home loan that it would be pd off and mine if anything happened to him, but that was costly and discontinued. We do want to make sure I get the home free and clr if something happens to him - so that is why we dont know which form we are legally to use. If you know the cost of recording this form that would be helpful as well so I dont have to contact the recorder - zip code is 92260.
Thanks for your time and help, as it is greatly appreciated.
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2 Answers from Attorneys
Re: Homesteading in CA - single or couple?
If you aren't married, aren't registered domestic partners, and aren't on title, you have no cognizable legal interest in the property that gives you any right to homestead it, and as Mr. Stone points out, you are basically his guest and if anything happens to him you will have, at most, a very slim chance of establishing some kind of "Marvin" rights in the property.
If anyone can homestead, it would be him, as a single person. There is no "we" here.
Further, a declaration of homestead does not protect the party from pre-existing liens or from voluntary liens. A homestead protects one only against involuntary liens that attach after the date the homestead is recorded.
I think your greater problem is lack of estate planning, not how or whether to homestead. See a good estate-planning attorney ASAP. The solution may be an irrevocable trust, but only an expert who has had ample opportunity to interview you both can make the right call.
Re: Homesteading in CA - single or couple?
You've been living with him 17 years? He is so not into you. And as soon as he dies his sister or brother or mother will swoop down and evict you -- bet he doesn't have a will, either.
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