Legal Question in Real Estate Law in California
I am the sole owner of my home but I am married.
I'd like to Homestead, but do not know which form to fill out -
married or single. (In California it's usually joint but my husband
has waived any rights to the dwelling).
Thank you.
1 Answer from Attorneys
There is no standard form for a declared homestead. It is something that usually is prepared by an attorney with all the required information stated on the declaration, and then recorded with the County Recorder/Registrar. As far as your husband, his "waiver" may not be effective since it has to be done formally as a transfer of his community property rights to you. However, for the purpose of the homestead exemption, the exemption is still $75,000 whether only you or both of you own the home (or $150,000 if one of you is over 65, or disabled, or you're over 55 and combined gross income is $20,000 or less).
Since you're in the Van Nuys area, I'd be happy to help you prepare this. Please check my profile for my contact info.
Larry L. Doan, Esq.
https://www.lawguru.com/cgi/bbs/attyPages/liem.html
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