Legal Question in Real Estate Law in California
What if two unrelated individuals have ownership in residential property that they both occupy as their primary residence, does each owner have to file a seperate homestead declaration?
Asked on 12/16/10, 12:58 am
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
I'm not sure what you mean by "have."
If only one tenant in common records a homestead declaration, then that homestead attaches only to that recording tenant's interest in the property. The same is true of a joint tenancy.
If both tenants want the benefit of a recorded homestead declaration, then both tenants must record homestead declarations.
Answered on 1/06/11, 6:01 pm
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