How Can I Claim California Homestead Exemption?
A homestead exemption is a written statement, under penalty of perjury, that a particular dwelling (e.g., home, flat, boat, etc.) is an individual’s or family’s main dwelling. Once a home is established as your homestead, the home is protected from your creditors. California has two kinds of homestead exemptions. One is automatic with any dwelling or dwelling buy. Another, which has to be listed at the county recorder’s office, is known as a”declared homestead.” Both types offer some immunity from lenders and protect a part of the equity in a person’s home.
Assess your living situation and determine whether you qualify for a homestead declaration and if it will be automatic or a declared homestead exemption. “Automatic” protects you by a forced sale by judgment. “Declared homestead” protects you by a voluntary or forced sale.
Fill out a Homestead Declaration Form or use an agency like 1StopLegalForms (Resource 3).
Submit all information such as your entire name, spouse’s full name, homestead address, the legal description of the home and the parcel number. The legal description and parcel number are available on the deed to your home, which should be in the package you had been given at the time of purchase. If not, you can get this information at your county recorder’s office.
Pick out the form to a notary, and date and sign the form in the front of the notary. Have the form notarized.
Make a copy of the notarized form to keep for your own records.
Deliver the original notarized form for your county recorder’s office and pay all fees to record the record. The form cannot be listed more than 10 days after notarization.