Legal Question in Real Estate Law in California
I'm single and live in a planed Mobil Home community on City streets with City sewer where everyone owns their lot. Since I'm the one living here, I pay the city taxes on this property. I'm the only one who lives here on the property but, it is a joint tenancy in case the other single person who shares 50 percent ownership dies, the property would reverse to me or vice-versa. We would like to have "homestead" protection and I need to know the correct form to obtain for this. There is a form for if you are "single" but both of us are single so, do we need 2 forms filed separately or 1 form (and which one) as we are both on the deed.
Thank-You.
1 Answer from Attorneys
Being "on the deed" is insufficient -- a person cannot file a declared homestead on property where he or she doesn't reside, part owner, whole owner, or not. Therefore, you should file as a single person, and your co-owner should not file, at least not on this property.
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