Real Estate Resources

California Homestead Law

In this section you can download a Free Homestead Declaration (Adobe PDF Fill-In Form) for use in California. The Homestead Declaration is provided as a free public service, without warranty. If you have any questions regarding the use of this form, you should contact a licensed California attorney.

(NOTE: This form is designed to be executed by a declared homestead owner or spouse. Additional language is required by law if it is executed by a guardian or conservator of the person or the estate of a declared homestead owner or a person acting under a power of attorney or otherwise authorized to act for a declared homestead owner or spouse.)

Given the current housing and foreclosure crisis, it is not surprising that many people are interested in Homestead Declarations. Unfortunately, there are many unscrupulous websites and companies that are attempting to illegally capitalize from confusion over California’s Homestead laws. You should know that it is illegal for a homestead filing service to charge more than $25 (including recording fees and notary fees) to prepare and file a homestead declaration on your behalf. Furthermore, a homestead filing service is prohibited from collecting a fee until the homestead declaration is recorded. If you have any questions about the regulation of homestead filing services, please read Department of Consumer Affairs Legal Guide H-1, below.

In California, a Homestead gives protection against involuntary claims against an owner's home. If someone wins a money judgment against you in court, the person or entity that won the judgment against you may try to collect the monetary damages by garnishing your wages, bank accounts, or having your home or other property sold to pay off the judgment. A Homestead Declaration does not prevent a creditor from garnishing wages.

The Homestead law protects a specific amount of equity in a home, depending on the age, family structure, income and physical or mental disability of the homeowner. A Homestead can be either automatic or declared. The State of California provides for an automatic Homestead, but it may still be wise to record a Declaration of Homestead with the County Recorder’s office.

The amount of the homestead exemption is set forth in the California Code of Civil Procedure Section 704.730

If you want a Homestead Declaration on your property, you can do it yourself. Fill-out the form provided below using information which should be available from the deed you received when you purchased the property. You will need to sign the forms and have them notarized. To file, simply record the Homestead Declaration with the county recorder’s office.

You should be aware that a Homestead Declaration is not the same thing as a Declaration of Trust, which is used in California for estate planning and probate avoidance purposes.

Download a FREE Homestead Declaration

Download a copy of CA Department of Consumer Affairs Legal Guide H-1