Los Angeles, CA asked in Real Estate Law for California

Q: My husband and I (as joint tenants) just bought a house. How do we file Declaration of Homestead -can we both be listed

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3 Lawyer Answers
Jeffrey Moore
Jeffrey Moore
Answered
  • Campbell, CA
  • Licensed in California

A: Husband and wife can both be listed on a declared homestead. You file a Joint Declaration of Homestead with the County Recorder's Office where the home is located. You will need to obtain a form at a local stationery store or on line. I found one at the Sacramento Law Library website: www.saclaw.lib.ca.us under he heading 'Declaration of Homestead -- Spouses' This website also has a short guide on completing the form.

As you will see on the form, both spouses' signatures must be notarized. Any other information you need to fill out the form should be available from the Deed to your home.

After your form has been completed and notarized, your County Recorder will accept the form for recordation for a small statutory fee, usually less than $20.

Zaher Fallahi
Zaher Fallahi
Answered
  • Los Angeles, CA
  • Licensed in California

A: A homestead declaration is writing, prepared by a home-owner under the penalty of perjury that a particular property is his or her principal place of residence. This writing must be notarized and recorded in the county of situs. The homestead status has a legal significance in that makes the property eligible for a special protection against creditors under the law.

Zaher Fallahi
Zaher Fallahi
Answered
  • Los Angeles, CA
  • Licensed in California

A: Sorry, I was unable to finish my answer and pressed the button by mistake. A homestead declaration is writing, prepared by a home-owner under the penalty of perjury that a particular property is his or her principal place of residence. This writing must be notarized and recorded in the county of situs. The homestead status has a legal significance in that makes the property eligible for a special protection against creditors under the law. You should sign the form, notarize it and record it.

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