Legal Question in Real Estate Law in California

My husband and I purchased a home as joint tenants. We reside in the home as our permanent residence. We recently recorded a Grant Deed placing the home into a Trust of which we are Trustees. Can a Trust take advantage of a Declared Homestead? Is it filed in the name of the Trust, with my husband and myself as Trustees? Are there any disadvantages to filing a Declared Homestead? Thank you for your assistance.


Asked on 1/21/11, 10:00 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your home being in a revocable living trust is not a barrier to recording a declaration of homestead. Recording a declaration of homestead is advisable if you face possible future involuntary liens, but won't help against existing liens of any kind, or future voluntary liens such as mortgages. The principal downside that I can think of is that the freshly-filed declaration says to the world, "We are anticipating a problem" and may scare off people with whom you might be wanting to do business.

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Answered on 1/26/11, 10:27 am


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