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When a married couple has legally separated, they can file separately, and each would then be entitled to the homestead exemption. That is the answer I have recieved from Just answer earlier. So what is the right answer?
Cal. Stat. 704.720 does not apply to a married couple that is legally separated and living in separate households. Cal. Stat. 704.710(d).
In other words, if a married couple is legally separated per a court decree, they are each entitled to a homestead exemption - as if they were not married.
"If my wife and I are legally separated and living in separate California homes, are we each entitled to the Homestead exemption? that was my question on Nov 4 2011
Friday, November 04, 2011 5:58 AM EST
Hi JACustomer,"If the judgment debtor and spouse of the judgment debtor reside in separate households, only the homestead of one of the spouses is exempt." California Stat. 704.720.That was your answer than. Now you gave me different answer on the same question. Would you please clarify . Thank you