How to File a Homestead in California

California law provides homestead exemption protections to homeowners. A homestead exemption shields a certain amount of equity from the homeowner's creditors who would otherwise take the equity to satisfy judgments against the homeowner. In California, some protections exist without the homeowner taking any action while other protections require filing certain documents before any equity can be shielded from creditors.

• 1

  Select which type of homestead applies to you. In California, there are two types of homesteads: automatic and declared. An automatic homestead applies while you own your home, does not require you to file any documents and terminates when you sell your home. A declared homestead protects the proceeds from the sale of your home for up to six months after the sale if the following three conditions are met: a home is purchased within six months of the sale of the former home, the new home is purchased with the sale proceeds of the former home and a homestead declaration form is filed with the county in which the purchased property resides.

• 2

  Go to the website of the county recorder in which the newly purchased home resides in and obtain a homestead declaration form.

• 3

  Complete the entire homestead declaration form and sign it in the presence of a California notary public.

• 4

  File the completed, notarized and signed homestead declaration form with the county recorder where the home is situated and pay any required filing fees.