Legal Question in Real Estate Law in California

How to Qualify for Disability Homestead Exemption?

I am hoping to file for the mental disability homestead exemption under CCP 704.730. However, I've never applied for payments under Title II or SSI, because of pride and my parental support when necessary. I am bipolar and suffered my last episode in 2001 when I was hospitalized 3 times and have not been gainfully employed since (4 jobs that I quit within a week). Any suggestions as to how I may qualify for the exemption?

Thanks!


Asked on 1/22/03, 11:01 pm

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

Re: How to Qualify for Disability Homestead Exemption?

CCP 704.730(a)(3)(B) provides the additional homestead exemption you refer to. Establishing eligibility seems to be a matter of proof at the time of need rather than some kind of 'bulletproof' pre-qualification. Note that even Title II benefits only trigger a rebuttable presumption and not automatic qualification.

In my opinion, you would have to offer evidence of disability as a defense to some creditor's attempt to levy on your exempt property. Look, for example, at CCP 704.780 discussing how someone claiming an exemption must assert the amount. Looks to me not like something you file for in advance of need, but rather something you assert at the time a creditor is attempting to seize your home.

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Answered on 1/23/03, 1:21 pm


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