West Sacramento, CA asked in Estate Planning and Real Estate Law for California

Q: Do both co-owners of a house have to sign the form for a homestead declaration in California?

Do both co-owners of a house have to sign the form for a homestead declaration in California?

2 Lawyer Answers

A: Both co-owners do not necessarily have to sign the homestead declaration.

If the co-owner is a spouse, only one spouse needs to sign.

If the co-owner is unrelated, you can protect your interest in the home as long as it is your primary residence.

In this case, you will not need the co-owner to sign.

In this situation, It's important to note that the homestead declaration does not protect the entire home but instead protects your interest in the home.

Best of Luck.

James L. Arrasmith
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Answered

A: In California, both co-owners of a property must sign the homestead declaration form for it to be valid when the house is owned jointly. This requirement helps protect both owners' interests and ensures that everyone involved agrees to the declaration.

The process involves filling out the appropriate form, having it notarized, and then filing it with your county recorder's office. When married couples own the home together, both spouses should sign to avoid any potential legal complications down the road. The same applies to unmarried co-owners who share the property title.

If you're wondering about exceptions, there are very few cases where single-owner signatures would suffice. For instance, if only one person's name appears on the property deed, then only that individual needs to sign the homestead declaration. Remember that filing a homestead declaration can provide important protections for your property, so it's worth taking the time to complete all requirements properly.

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