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Currently, the California homestead exemption is automatic, meaning that a homestead declaration does not need to be filed with the county clerk. Under the new 2021 law, $300,000\u2013$600,000 of a home's equity cannot be touched by judgment creditors.
Currently, the California homestead exemption is automatic, meaning that a homestead declaration does not need to be filed with the county clerk. Under the new 2021 law, $300,000\u2013$600,000 of a home's equity cannot be touched by judgment creditors.
In California, everyone who owns a home and lives in it is allowed to claim a homestead exemption, as SFGate reports: Single homeowners receive a $75,000 equity exemption. A head of household receives a $100,000 equity exemption.
A statutory exemption of real property used as a shield from the claims of certain creditors and judgments up to a specified amount; requires a declaration of homestead be completed and filed with the county recorder's office.
The exempt proceeds remain protected for six months from the voluntary sale of the home. That six month period is intended to provide a window in which you can reinvest the homestead in a replacement home.
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To claim the exemption, the homeowner must make a one-time filing with the county assessor where the property is located. The claim form, BOE-266, Claim for Homeowners' Property Tax Exemption, is available from the county assessor.
How do I file a declared homestead? Buy a declared homestead form from an office-supply store, or download a form from the Registrar-Recorder's website. Fill out the form. Sign the form and have it notarized.
The California homestead exemption in 2020 was $75,000 for a single homeowner, with a maximum of $175,000 for homeowners who met specific family, income, and age requirements. The new law eliminates many qualifying conditions and provides a homestead exemption to anyone with a principal residence.
A homestead exemption protects home equity from a homeowner's creditors, up to a certain dollar amount. Collectors cannot acquire any funds within this amount to settle past-due debt. This applies if you file for bankruptcy or you experience financial difficulties after a divorce or your spouse passes away.
How do I file a declared homestead? Buy a declared homestead form from an office-supply store, or download a form from the Registrar-Recorder's website. Fill out the form. Sign the form and have it notarized.

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