California Homestead File With County

State:
California
Control #:
CA-DO-001
Format:
Word; 
Rich Text
Instant download

Description

The California Homestead File with County is a legal document utilized for declaring a homestead in California, specifically within a designated county. This form allows homeowners to protect their primary residence from certain creditors, providing a layer of financial security. Key features of the form include sections for the owner's name, address, and legal description of the property. It also includes checkboxes to indicate if the homestead serves as the owner's principal dwelling or that of a spouse. Filling out this declaration accurately is crucial, as it requires the owner's personal knowledge and an acknowledgment of the information's truthfulness under penalty of perjury. It must be signed and dated, and may require notarization to ensure its validity. The form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in real estate, family law, or financial planning, offering them a reliable mechanism to secure their clients' homes. Proper completion and submission of this form can aid in safeguarding homeowner rights in legal and financial matters.
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FAQ

A homestead declaration protects your home's equity from both to forced and voluntary sales of the property. Exempt proceeds from a voluntary sale are protected if another home is purchased within 6 months.

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.

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.

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.

Automatic Homestead vs. 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.

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California Homestead File With County