California Homestead Laws
Homestead protection laws protect homeowners and other small property owners from being left homeless during times of economic strife. Specifically, homestead laws allow individuals to declare a portion of their property as "homestead" and therefore mostly off-limits to creditors. Under California homestead laws, property owners may declare at least $75,000 worth of their property as a protected homestead in a bankruptcy proceeding or other actions by creditors.
The table below highlights the basic provisions of California's homestead protection laws. See Bankruptcy Exemptions: Chapter 7 for more information.
|Code Section||Civ. Proc. §704.710, et seq. For money judgments|
|Max. Property Value That May Be Designated 'Homestead'||$175,000 if either spouse is over 65 or disabled and unable to engage in substantial employment; $175,000 if person is 55 or older with gross income of not more than $25,000 or if married not more than $35,000 and sale is involuntary; $100,000 if debtor or spouse resides in house with at least one member of the family with no interest in the homestead; $75,000 for all others|
|Maximum Acreage (Urban)||-|
|Maximum Acreage (Rural)||-|
Note: State laws are constantly changing -- contact a California bankrtupcy attorney or California real estate lawyer, or conduct your own legal research to verify the state law(s) you are researching.
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