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The home must have been the principal place of residence of the owner on the lien date, January 1st. To claim the exemption, the homeowner must make a one-time filing with the county assessor where the property is located.
The newly expanded homestead exemption increased the exemption limit in California to $300,000 to $600,000 varying based on the county. These limits, adjusted annually for inflation, have increased the 2023 bankruptcy homestead exemption to $678,391 in San Diego County for those who qualify.
To claim the exemption, the homeowner must make a one-time filing with the county assessor where the property is located. The claim form, BOE-266, Claim for Homeowners' Property Tax Exemption, is available from the county assessor.
These limits, adjusted annually for inflation, have increased the 2023 bankruptcy homestead exemption to $678,391 in San Diego County for those who qualify. A chapter 7 trustee can sell a debtor's non-exempt property to pay creditors.
Currently, the California homestead exemption is automatic, meaning that a homestead declaration does not need to be filed with the county clerk. Under the new 2021 law, $300,000?$600,000 of a home's equity cannot be touched by judgment creditors.