Long Beach California Declaration of Abandonment of Homestead Declaration

State:
California
City:
Long Beach
Control #:
CA-DO-003
Format:
Word; 
Rich Text
Instant download

Description

Use this form to an abandon a declared homestead. File it at the County Recorder's Office in the county where your property is located.

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FAQ

In California's System 1, homeowners can exempt up to $600,000 of equity in a house. In California's System 2, homeowners can exempt up to $31,950 of home equity. The California Judicial Council updates the amounts every three years. The last changes reflected in this article occurred on April 1, 2022.

(a) A declared homestead is abandoned by operation of law as to a declared homestead owner if the declared homestead owner or a person authorized to act on behalf of the declared homestead owner executes, acknowledges, and records a new homestead declaration for the declared homestead owner on different property.

A declared homestead protects some of your equity for six months after you sell your home if the following three conditions are all true: You sell your home and buy another home within six months; The protected amount is used to buy another home; You record a homestead on the new home.

How do I file a declared homestead? 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.

Homestead protection not absolute The California homestead does not guarantee you that a creditor can't force a sale of your home to pay a debt. Instead, it guarantees that you get the dollar value of your homestead from the forced sale of your home before the creditor forcing the sale gets any money.

In California, everyone who owns a home and lives in it is allowed to claim a homestead exemption, as SFGate reports: Single homeowners receive a $75,000 equity exemption. A head of household receives a $100,000 equity exemption.

A homestead declaration is a legal document that claims and registers a particular house as the owner's homestead or principle dwelling. This document helps to protect the house against loss to creditors.

Now, in case you're wondering how you can ensure a homestead exemption applies to your home, you should know that there are two types: automatic and declared homestead exemptions.

Filing a declaration is a good idea if you have equity in your home and experience financial trouble. Your homestead won't be lost after a property sale and the proceeds will be protected for a full six months. The California homestead exemption also has two different systems.

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Long Beach California Declaration of Abandonment of Homestead Declaration