California Homestead Exemption and Bankruptcy Using the revised exemption for 2021, a debtor may have $600,000 of equity in their Los Angeles or Orange County home and still file a Chapter 7 bankruptcy with their home being protected. The homestead exemption in Riverside County is $400,500.
A homestead can protect the $50,000. There are two types of homesteads, automatic and declared.
Filing a homestead declaration typically requires three steps. Complete a homestead declaration form. Sign your declaration in front of a notary. Record the homestead declaration form with your county recorder's office.
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.
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.
1. Senior Citizen Homeowners' Property Tax Exemption. The Senior Citizen Homeowners' Property Tax Exemption is available to homeowners who are at least 65 years old and meet certain income requirements.
Complete form BOE-266, Claim for Homeowners' Property Tax Exemption. Obtain the claim form from the County Assessor's office where the property is located. Submit the completed form to the same office.