Legal Question in Real Estate Law in California

Re: Homstead

There are two kinds of homestead, each with different benefits and you can have both kinds. One kind you get automatically as a result of being a home owner, and you don't have to apply.

The other requires filing a declaration. The requirements are set forth in the Code of Civil Procedure at section 704.930. You can probably buy a declaration form at a large stationery or office supply store. It would not surprise me if they are available on line, but I don't know.

The form has to be filled out accurately, notarized and recorded. You need a legally-correct description of your property, which you can find on your deed or title insurance policy. If you are married your spouse must also sign in front of the notary.

The benefits of these two types of homestead are not as great as many people think. They do offer some protection against certain creditors, but will not prevent foreclosure on the homesteaded property.

If you want a description of the way homestead protects property from levy and seizure, look at a self-help law book on personal bankruptcy or protection against creditors.

If you are a homeowner facing foreclosure, there are books like Nolo Press' "Stop Foreclosure Now" (California Edition) that have other useful information for you.