What is a homestead declaration?

A homestead declaration is a type of protection for a person's principal residence. It is a form that is registered against the title deed, to protect the home against subsequent attachment, levy on execution or sale to satisfy debts up to the maximum level set by law.

Who can file a homestead declaration?

The owner or owners of a home or those who have the lawful right to occupy the premises as a principal residence can file for homestead protection. That means you must live in the home a majority of the time in order to protect it as your homestead.

How am I protected?

The real property or manufactured / mobile home which is your principal residence is protected against subsequent attachment, levy or sale up to a maximum amount that is stated in the homestead legislation which applies to the property.

What am I not protected against?

In general, the following are exempt from homestead laws:
* taxes, assessments, claims and liens,
* mortgages used to purchase the residence,
* executions to enforce spousal or child support,
* executions for fraud, duress, undue influence,
* debts contracted prior to the acquisition of the homestead.

Check the laws in your area for a complete list of exemptions.



The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.