Legal Question in Real Estate Law in California

Unless you own more than one piece of property that could qualify for your homestead exemption, recording a homestead exemption is a waste of time and money. The homestead exemption applies automatically as a matter of right. The only question is which property it attaches to if you own more than one and you and a judgment creditor might dispute which one is your homestead. And just in case you are under the misconception that a homestead exemption will protect you from foreclosure, it doesn't. It has no application to voluntary liens, only judgments. Lastly, I haven't researched the point, but I'm pretty sure property in a trust cannot be declared a homestead.

The trust owns the property and can not file a homestead. Only individual owners can file.