Legal Question in Real Estate Law in California

It is already homesteaded; please see the prior responses on this site.

Mr. Shers is only partly right. In California, there are two rules exempting certain residential property from seizure by creditors to a greater or lesser extent. They are often referred to as the "automatic homestead" and the "declared homestead." The protection each one gives is limited and partial. Further, the protection each one gives only partially overlaps the protection the other gives. For homeowners expecting lawsuit judgment problems, it is probably wise to file a declaration of homestead to supplement the rather limited "automatic" homestead which is provided by law without filing anything.

Filing (technically, "recording") a declaration of homestead is accomplished by the following process: (1) Obtain the correct form. Generally, there is one for single homeowners and one for married couples, and there are lots of printers and stationers who sell them - as far as I know, there is NO "official" form that must be used. (2) fill out the form legibly and very carefully. (3) sign before a notary. (4) take the notarized form to the county recorder's office in the county where the home is situated and have it recorded.

Please be cautioned that the protection you get from either type of homestead, or the two of them combined, is not complete; you may still lose your home. In particular, homesteads do not prevent foreclosure of liens you voluntarily allowed to be placed on your property, such as deeds of trust and mortgages. Also, a recorded homestead is effective only against later-recorded liens. If you record a homestead on September 22 it will be useless against a judgment lien recorded Sept. 21, but fully effective against one recorded Sept. 23rd.