The people of California deserve the peace of mind of having a place to call home. Preserving the security of these homes is an effort undertaken by the state government to protect long-time residents who are facing legal action such as lawsuits or creditors that seek to liquidate the value of their homes in order to satisfy a debt.
The Homestead Exemption is a crucial safeguard for California homeowners, providing a layer of financial protection against creditors. With California’s high real estate values, understanding and utilizing both the automatic and declared Homestead Exemption can make a significant difference in maintaining homeownership during challenging times.
What is the Homestead Exemption?
The Homestead Exemption protects a portion of home equity from creditors. In scenarios such as bankruptcy or a costly lawsuit, this exemption ensures that creditors cannot claim the protected amount to settle outstanding debts. It also offers relief on property taxes by reducing the taxable value of your home.
The recent legislation, Assembly Bill 1885, significantly increased the California homestead exemption amounts. In 2024, the exemption ranges from a minimum of $349,720 to a maximum of $699,426, based on county median home sale prices. The increased number provides more substantial equity protection for homeowners, acknowledging the varying real estate values across the state.
How Does The Homestead Exemption Protect Your California Home?
By law, the Homestead Exemption secures all or part of your home’s equity (depending on the full value of the home). Even in bankruptcy cases, the exemption serves to protect your equity up to the limits defined above. If your home equity is less than the exemption limit, your property remains safe from forced sale, keeping your family home secure. If it exceeds the limit, the proceeds of a sale that exceed the exemption threshold are eligible to be claimed by creditors.
Automatic vs. Declared Homestead Exemption
California offers both automatic and declared Homestead Exemptions. The automatic exemption protects your home, ensuring that proceeds go first to satisfy the homestead amount before any creditor claims. The declared homestead, on the other hand, protects the exempted equity when selling your home voluntarily, with the protection extending for six months from the sale, giving you time to reinvest the exempt amount in a new home.
Peace of Mind in Your California Home
Understanding and applying the Homestead Exemption in California offers peace of mind, knowing your home has a level of protection against unforeseen and often unpredictable financial challenges. For detailed guidance on how the updated Homestead Exemption laws impact you and to ensure your home is adequately protected, contact Dahl Law Group at our Northern or Southern California offices.
Dahl Law Group
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