California Homestead Declaration for Spouses
Don't let creditors take your home! If you and your spouse live in California, you need to file this Declaration of Homestead - Spouses as Declared Owners.
- If you own your home, filing a Homestead Declaration will protect a portion of the equity in your home against attachment, levy or sale to satisfy your debts.
- A homestead exemption does not protect you against judgments for child support or spousal support. And if you mortgage your home, you will have to waive exemption to the extent of the mortgage.
- This form is for spouses who own their principal residence. A married couple can protect up to $100,000 of the equity they have in their home. Seniors over 65, low income persons over age 55, and disabled persons can claim $175,000.
- This Declaration is governed by the Code of Civil Procedure Section 704.730.
If you have creditors or are considering bankruptcy, you should seriously consider filing this California Homestead Declaration for spouses.