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CalAttorney2, Attorney
Category: CA Real Estate
Satisfied Customers: 10213
Experience:  I have experience representing HOAs, homeowners, businesses, and other individuals in real estate matters.
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Could the California Homestead Acts be used as a legal basis

Customer Question

Could the California Homestead Acts be used as a legal basis or defense argument against the plaintiff's request for the partition of real property by sale? The defendant lives in the home - and has for 25 years, as does his 63 year old disabled sister, and his 84 year old mother. Can the California acts secure part of his property or any of his property at all? His home is already listed as a HOMESTEAD on the title.
Thank you,
Submitted: 4 months ago.
Category: CA Real Estate
Expert:  CalAttorney2 replied 4 months ago.

Dear Customer,

In CA the homestead act only protects a certain portion of the property's equity in the event of sale or lien. It does not prevent the property from being sold.

So you can pursue a division of property by sale even if there is an individual that is claiming their portion of the property as a homestead for protection from other creditors.

(I do recommend retaining an attorney for assistance when dealing with issues such as this - particularly when you are doing a partition by sale with multiple residents, including at least one disabled resident - it is not required, but it is highly recommended and it will make the process much easier for you to navigate).

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