Legal Question in Real Estate Law in California
Pertaining to Homestead in CA.
I am age 67 and own a partial interest (10%) as evidenced by a 10% interest in a title holding trust on a home I am going to move into. Can I take advantage of homestead laws (being sued) and if so will home be exempted $175,000 (my exemption), or some portion of that.
3 Answers from Attorneys
I have no idea what "evidenced by a 10% interest in a title holding trust on a home" means. Without more facts it is impossible to tell what interest if any you actually have and without that it is impossible to answer your question.
You would have to actually reside in the dwelling to claim that much of a homestead exemption. The amount of exemption is increased to $175,000 if the judgment debtor or his or her spouse who resides in the homestead is, at the time of the attempted sale of the homestead: 1) 65 years of age or older; 2) physically or mentally disabled and, as a result of that disability, unable to engage in substantial gainful employment; or 3) 55 years of age or older with a gross annual income of not more than $15,000, or if married, a gross annual income, including the gross annual income of his or her spouse, of not more than $20,000 and the sale is an involuntary sale. (Code of Civ. Proc., � 704.730 subd. (a)(3).)
Assuming you hold a partial interest, Mr. Roach's analysis is correct, but only your 10% interest is protected, so if the property is worth less than $1,750,000, you will not be able to take advantage of the entire $175,000 maximum allowable exemption.