Fillable Homestead Declaration printable pdf download

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FREE CALIFORNIA HOMESTEAD DECLARATION

Attached is 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. You can download it from the California

Department of Consumer Affairs website or HERE.

You should also be aware that a recorded Homestead Declaration does not protect against the forced

sale of property by a bank, savings and loan or another lender holding a mortgage deed of trust on the

property. Thus, a Homestead Declaration does not usually protect against a foreclosure action initiated

by a lender. Also, a Homestead Declaration will not protect against a judgment for child support,

spousal support or the enforcement of a valid mechanic’s lien.

What is a Homestead and what does it do?

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.

Homestead Declaration