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.
Many immigrants and families moved westward seeking opportunities provided by the Homestead Act, often facing harsh conditions and challenges in their pursuit of a better life. The act had a long-lasting impact on land ownership patterns in California, influencing the rise of family farms and small-scale agriculture.
The Homestead Act remained in effect until 1976, with provisions for homesteading in Alaska until 1986. To settlers, immigrants, and homesteaders, the West was empty land. To American Indians, it was home.
The Homestead Act, enacted during the Civil War in 1862, provided that any adult citizen, or intended citizen, who had never borne arms against the U.S. government could claim 160 acres of surveyed government land. Claimants were required to live on and “improve” their plot by cultivating the land.
The Homeowners' Exemption, which allows a $7,000 exemption from property taxation, is authorized by Article XIII, section 3, subdivision (k) of the California Constitution and implemented by Revenue and Taxation Code section 218. The exemption reduces a dwelling's assessed value on a qualified residence.
The new law established a three-fold homestead acquisition process: file an application, improve the land, and file for deed of title. Any U.S. citizen, or intended citizen, who had never borne arms against the U.S. Government could file an application and lay claim to 160 acres of surveyed Government land.
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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.
As of January 1, 2024, the new minimum homestead exemption is $349,720 and the new maximum is $699,426. For Riverside County, the 2024 homestead exemption is $612,000. For San Bernardino County, the 2024 homestead exemption is $475,000.
Homeowners exemption reduces taxable value, decreasing annual property tax. Homestead exemption protects home equity from creditor claims and during bankruptcy.