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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.
As of January 1, 2021, the California homestead exemption amount will be at least $300,000 if the median sale price for homes in your county were less than that during the prior year. However, it can be as high as $600,000 if the median sale price in your county was more than that amount.
To put it simply, the minimum exemption is $300,000; the maximum is $600,000; but your particular exemption limit will be the median, not the average, home sale price from the prior year for your county. Additionally, these figures will be tied to inflation and adjusted annually beginning January 1, 2022.
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.
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.