Legal Question in Real Estate Law in California

I live in the State of California. Does a homeowner give up their homesteading rights once they buy into a homeowner's association?


Asked on 6/07/11, 9:09 am

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

No, the homestead exemption is automatic.

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Answered on 6/07/11, 2:50 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

California has both an "automatic" homestead exemption and a "declared" homestead exemption, largely overlapping in the limited protection afforded thereby. If your home is within a homeowners' association, that fact has no bearing on your getting the automatic exemption or your right to record a declaration of homestead.

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Answered on 6/08/11, 10:11 am


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