Legal Question in Real Estate Law in California

Re: Protecting my home from lawsuits

There are two kinds of homestead protections in California. One is an automatic exemption that you don't have to sign up for, you just claim it when a creditor tries to levy on your house or other exempt property.

The other uses a form called Declaration of Homestead, available free on line from several sources. Fill it out, have it notarized, and record it with the county recorder.

Please note that a Declaration adds little to your statutory exemptions and, since it is public information, may be a red flag to creditors.

Further, neither kind of homestead will save your home from pre-existing creditors such as your mortgage man, nor from your own fraudulent transfers, most tax collectors, etc.