The Assessor-County Clerk-Recorder's Office has no authority or responsibility in this area. This voluntary declaration is a legal protection afforded homeowners under statutory law. We receive many calls about this program and are providing this information for general purposes only.
The homestead declaration, or "Declaration of Homestead", is a statutory protection where-by a homeowner's equity in his or her residence may be protected from judgments, liens and creditors.
If a court has ordered the sale of a home to satisfy a judgment, a certain amount of the equity may be protected and retained by the homeowner. The amount protected is $50,000 for single homeowners, $75,000 for families, and $100,000 for seniors, disabled and low-income homeowners earning $15,000 or less annually. In order to qualify, a home must be the principal place of residence, and the homeowner may have only one such declaration at a time.
In order to be valid, a Declaration of Homestead must be recorded with the County Recorder. A Declaration of Homestead is a document that names the declared homestead owner, describes the homesteaded property and states that the property is the homestead owner's principal place of residence. "Homestead Declaration" forms are available online via our Recording Requirements page.
A homestead declaration will not prevent foreclosure by a lender, mechanic's liens, seizure and sale for back taxes, or to avoid paying child support or alimony.
For more information about the homestead declaration, contact your legal adviser, or refer to the California Code of Civil Procedure, Sections 704.910-704.995 and 704.910-704.995.