California “Homestead” Laws

What Is a “Homestead” Protection?

Homestead laws protect people from foreclosure or seizure of their homes during times of personal economic hardship. These protections vary by state, but California has relatively strong homestead laws.

The law lets homeowners declare a “homestead,” making a portion of the home’s equity untouchable by creditors. This protection prevents you from being forced to sell your home, even if you file for bankruptcy or face other economic hardships.

How Much Equity Can I Protect Through Homestead Laws?

California Code of Civil Procedure section 703.140 lists equity protection limits. The maximum amounts of equity that a homeowner may declare homestead exempted are as follows:

• All California homeowners may exempt up to $75,000
• If the homeowner lives with at least 1 other person, they may exempt up to $100,000
• If the homeowner or spouse is over the age of 65 and/or disabled, they may exempt up to $175,000
• If the homeowner is 55 years old making less than $25,000 in annual income or married making less than $35,000, they may exempt up to $175,000

Are There Exceptions to California Homestead Laws?

If a homeowner owes certain types of debts, they may not be able to qualify for any homestead exemptions on their equity. These debts include:

• Unpaid alimony
• Unpaid child support
• Unpaid liens

It is also important to note that homestead laws solely protect the equity in your home, not any other assets you may have. Therefore, you should not assume that the furniture and belongings in your home are protected just because your home has a homestead exemption.

How Do I File for a Homestead Exemption?

Getting legal help with your homestead declaration is a very good idea, given that California does not require an attorney to file for homestead exemptions. The process is complicated and requires that you send in many documents related to your residence and finances. In addition, your attorney may help you qualify for a higher exemption than you previously thought was possible. KAASS LAW’s experienced attorneys will guide you through the complex process of filing for a homestead exemption.

Aspects of the Homestead Defense in California

It is important to understand that the homestead defense in California has several other aspects. That can be helpful in the event of financial hardship.

Key factors for Homestead application

Keep in mind that in order to take advantage of this protection, you must formally register your right to “homestead”. The application process can be quite complicated. It is best to contact an experienced attorney who can help you complete all the necessary paperwork and file the application. It often requires you to provide information about:

• your income
• family composition
• health status

To determine the maximum amount of funds that can be protected from creditors. For those who live in a home with more than one person, the protection will extend to a larger amount. For example, if you live with a family that includes children, you can protect up to $100,000. If you are over 65 or disabled, the law increases the limit to $175,000. This can be an important financial tool to save your home in the event of a difficult situation.

Exceptions to Homestead protection

However, it is worth remembering that the homestead foreclosure defense is not a one-size-fits-all defense. As mentioned above, there are debts that do not qualify for protection. These include:

• unpaid alimony
• child support
• tax liens and certain types of judicial liens

These debts are subject to involuntary foreclosure. Despite the assertion of the “homestead” defense. In addition, it is worth noting that the protection only applies to the value of your home. It does not apply to other assets such as cars or bank accounts. This means that if you have other valuable assets, they can be seized in the event of a debt. Even if your home is protected by the homestead law.

Homestead impact on mortgage and debts

If your home is protected by a homestead, it can help you avoid losing your home in bankruptcy. Or other financial problems. However, it’s important to realize that this protection does not release you from your mortgage obligations. Or other debts tied to the home. For example, if you don’t pay your mortgage, the lender may try to sell the house to cover the debt. Even if a lien is placed on the house. In such cases, the protection covers only the remaining equity after you pay off the mortgage debt.

Conclusion

Homestead laws in California provide important protection for homeowners in the event of financial hardship. These laws help to keep the home and avoid selling it to cover debts. However, it is important to keep in mind the exceptions, such as child support and tax debts. Therefore, it is important to consult with an experienced attorney before applying for a homestead exemption. Who will help to properly execute all the necessary documents. And will also determine the maximum amount that can be protected.

The attorneys at KAASS LAW can provide you with expert assistance in the process of applying for homestead protection. And help you maximize your rights to protect your home from foreclosure.