Law Offices of Steven Ibarra

California has a homestead exemption, a type of legal protection that limits the amount of money creditors can claim from a debtor’s home if they have fallen behind on payments. This exemption allows debtors to keep some of their assets, such as their homes, even if they have not been able to make payments on them. This protection can be extremely beneficial for people facing financial hardship, as it can help them avoid foreclosure or bankruptcy.

What Is the Homestead Exemption in California?

A homestead exemption is a legal mechanism that provides certain protections to homeowners in case of financial hardship or death. It is a form of property tax relief that exempts the homeowner or their surviving family from paying property taxes up to a certain amount. This exemption applies to the homeowner’s primary residence, and it provides a degree of protection from creditors or other financial obligations.

Does California Have a Homestead Exemption?

California has a homestead exemption, a law that allows homeowners to protect the value of their residence from creditors. Essentially, it is a form of protection for homeowners and their families, enabling them to keep a certain amount of their home’s value from being attached and sold to pay creditors.

Generally, a homestead exemption allows homeowners to keep up to $75,000 of the value of their home or up to $600,000 in some counties. There are specific requirements that homeowners must meet to be eligible for the exemption, and they must also file a form with their local county recorder’s office. A homestead exemption is an excellent way for homeowners to protect their assets and ensure they and their families are financially secure.

Homestead Exemption in Bankruptcy

Suppose you are struggling financially and are considering filing for bankruptcy. In that case, the homestead exemption is a beneficial tool that can help protect your home. Under Chapter 7 bankruptcy, if your property’s equity amount is lower than the exemption limit, then creditors cannot take and sell your house. As long as the equity in your house is less than the exemption amount, you can keep your home.

However, suppose you have equity in your property below the exemption amount. In that case, a lien may still be recorded against it by a creditor. Should you choose to sell or refinance the property in the future, this lien must be paid off as part of the transaction.

Homestead Exemption in California: Avoiding Judgment Liens

A creditor may be able to record a lien against your property if they obtain a judgment against you. This lien can affect your homestead exemption and lessen the value of your property. Fortunately, you can avoid this judgment lien under bankruptcy law to preserve your exemption. The formula for doing so is in Section 522(f) of the Bankruptcy Code.

Remember, avoiding a lien only makes your debt disappear if the court officially discharges it. Suppose the court does not discharge your debt. In that case, the creditor can re-register the lien on your property even after your bankruptcy case is closed.

Is the Homestead Exemption Automatic in California?

When buying property in California, you can register a homestead with the county recorder’s office. This will add it to the chain of titles. Alternatively, you can opt for an automatic homestead, which also carries the same benefit. The main difference is how payments are scheduled and paid, the order of priority, and the amount of equity you can earn back. In California, homeowners are eligible for an automatic homestead exemption of up to $600,000 in the equity of their property. This exemption is available in the homeowner’s exemption table.

In conclusion, if you’re considering filing for bankruptcy in California, it’s important to understand your legal protections, including the homestead exemption. By working with an experienced bankruptcy attorney like those at the Law Offices of Steven Ibarra, you can ensure that you receive aggressive and compassionate representation throughout the bankruptcy process. For more information on homestead exemption in California, schedule a free consultation by calling (562) 452-9937 today.