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.


Asked on 11/22/10, 9:13 am

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.

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Answered on 11/27/10, 12:13 pm
Anthony Roach Law Office of Anthony A. Roach

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).)

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Answered on 11/27/10, 2:56 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 11/27/10, 9:50 pm


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