Use this form to file a declared homestead at the County Recorder's Office in the county where the property is located.
Use this form to file a declared homestead at the County Recorder's Office in the county where the property is located.
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A homestead exemption protects home equity from a homeowner's creditors, up to a certain dollar amount. Collectors cannot acquire any funds within this amount to settle past-due debt. This applies if you file for bankruptcy or you experience financial difficulties after a divorce or your spouse passes away.
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.
You can also get a California homestead exemption on property taxes, in which you're taxed on the value of your home minus the exemption amount.
You can file a declared homestead by taking these steps: Buy a declared homestead form from an office-supply store, or download a form from the Registrar-Recorder's website. Fill out the form. Sign the form and have it notarized.
Declared Homestead. 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.