How do I properly file a homestead declaration in California to protect my home's equity from creditors?

To properly file a homestead declaration, you must complete a specific legal form, have it notarized, and record it with your county recorder's office. This process formally declares your home as your primary residence to protect its equity from certain creditors. Here is how to file a homestead declaration in California: Step 1: Obtain the Correct Form You must use a "Homestead Declaration" form. You can typically find these forms at stationery stores that sell legal documents, through online legal form providers, or sometimes on your county recorder's website. Ensure the form complies with California law. Step 2: Complete the Form Accurately Fill out the form completely and correctly. According to California Code of Civil Procedure Section 704.930, you must include your name(s) as the property owner(s), a description of the property (the address and the legal description from your deed), and a statement that the property is your principal dwelling where you reside on the date the declaration is filed. Step 3: Sign the Form Before a Notary Public Do not sign the form until you are in the presence of a notary public. The notary must witness your signature, verify your identity, and affix their official seal. An improperly notarized form will be rejected by the recorder’s office. Step 4: Record the Declaration with the County Recorder Take the original, notarized Homestead Declaration to the county recorder’s office in the county where the property is located. You must pay a recording fee, which varies by county. The clerk will stamp and record the document, making it part of the public record. Important Details and Nuances California has two types of homesteads: an automatic one that applies during a forced sale and a declared one that you file. Filing a declared homestead provides stronger protections, such as protecting the proceeds from a voluntary sale for six months, allowing you time to reinvest in another home. The exemption protects equity up to a minimum of $300,000 and a maximum of $600,000, indexed for inflation and based on county-specific median home prices. Warnings and Limitations A homestead declaration does not protect against all creditors. It is ineffective against voluntary liens like mortgages or deeds of trust, mechanic's liens, or court judgments for child support, family support, or spousal support. It only protects your equity up to the statutory limit. This is general information and does not constitute legal advice. For complex situations, such as facing an active lawsuit or other creditor actions, consult with a qualified California attorney.