Benefits of Recording a Homestead Declaration in California

Automatic v. Declaration

In California, a homestead exemption can be automatic or by declaration. A homestead exemption is automatically in place with the purchase of a new home. However, by recording a homestead declaration with the Los Angeles County Recorders Office, additional protections are provided.

Filing a homestead declaration allows a debtor to determine which home will be the principal dwelling, the protections will continue to apply even if the person moves, in addition a recorded declared homestead allows for the proceeds of a sale to directly apply to the purchase of a new home. (California Dept of Consumer Affairs: Legal Guide H-1).

Declaring homesteads