Legal Question in Real Estate Law in California

Re: transfering homestead

You can only homestead property in which you reside. You homestead property by recording a declaration of homestead. You can get a form to use from your local title company.

Re: transfering homestead

First of all, California has two homestead laws that give an individual somewhat overlapping protections. They are often known as the Declared Homestead and the Automatic Homestead. Either one protects some of your equity in property you reside in and in which you have some ownership interest. If you sell and/or move out of House A and buy and move into House B in California, your declared homestead on House A will become null and void.

However, you are not totally unprotected against creditors, because the Automatic Homestead would still be available if needed.

A declared homestead does not protect against claims that predate its recordation, nor claims that you create voluntarily, such as a seconf deed of trust.

So, you don't transfer the homestead, but you can record a new homestead on the new property.