My sister would like to file a declaration of homestead on her property in California. Our County Recorder is not allowed to give out any information about the documents. We have called Office Depot and those kinds of places and are not able to find the form for California. We searched the internet but couldn't find anything either. Does any one know where to get the form or find it on the internet? Any help is appreciated. Thanks. Jennifer

-- Jennifer Schwabauer (schwabauer@aol.com), March 27, 2001

Answers

Seems odd that your County Recorder can't even direct you. In Texas, you would do it at the local county tax office. Maybe try calling them.

-- mary, texas (marylgarcia@aol.com), March 27, 2001.

Are you talking about a homestead CLAIM????

If so - you won't find any documents as those laws were all repealed back in the 70's. Check the US Code website at:

http://www4.law.cornell.edu/uscode/

There is no homestead 'document' other than one for a mining claim, and that is in the process of repeal as we speak. You would have to search old reference books in the library to even find a hint of one. Not only that, but there is a moratoreum (sp) on patents of claims in this country until futher notice. Thank you Bruce Babbit... Anyone who tells you different PLEASE let me know!!! I've been trying find a way to patent our claims for a year.

Does she own the land (by deed and/or title)? If she does, is it a 'clear' deed? Has a title search been done? If so, then why a homestead document?

If she is referring to a way of making sure her land stays rural, most states have provisions for 'conservation easements' with appropriate reimbursment for the loss of value in the marketplace. That should be under the state's dept. of agriculture, or the sec'y of state.

If you are talking about a homestead exemption, those should be available at the County Assessor's office. This will entitle her to a resident discount on property taxes, but little more.

-- Sue Diederich (willow666@rocketmail.com), March 27, 2001.

Go to a Title Insurance Company, Escrow Company or Real Estate Attorney. Don't try a "do it yourself" approach with these kinds of legal documents.

-- Skip Walton (sundaycreek@gnrac.net), March 29, 2001.

Dear Jennifer,

Tell your sister to visit www.NoloPress.com or call them at 1-510-549- 1976. Nolo Press is a self-help legal publisher based out of Berkeley, California. They publish and sell all types of self-help legal books and forms. She may even be able to download the form straight from their website.

A Homestead Exemption protects a specified value or specified number of acres in a homestead. The amount you can protect with the exemption varies, depending on the state where you live. In California it varies from $50,000 to $125,000, depending on your circumstances. A few states, like Florida, have unlimited homestead exemptions, meaning a house worth even many millions of dollars can't be taken by judgment creditors or in Chapter 7 bankruptcy. At the other extreme, a small number of states have no homestead exemption at all. Homestead exemptions in California are governed by §§ 704.710- 704.850 of the Code of Civil Procedure (CCP). Hope this helps.

-- Law Student (Juris_Prudence@justice.com), June 18, 2001.

An explanation of "Declaration of Homestead" in California, and instructions and forms may be found at the excellent website of the County of San Diego (applies in all California counties): http://www.co.san-diego.ca.us/cnty/cntydepts/general/assessor/taxtips/ homestead2.html#q11

-- Ioana Fiore (yepsheisy2k@yahoo.com), July 10, 2001.

If I am reading everything correctly this would protect your property if a illness or something occured and you could not repay your dept ? Could someone explain it a little more to me .Thanks ~Patty

-- Patty {NY State} (fodfarms@slic.com), July 10, 2001.