How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2, Attorney
Category: CA Real Estate
Satisfied Customers: 10244
Experience:  I have experience representing HOAs, homeowners, businesses, and other individuals in real estate matters.
Type Your CA Real Estate Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: CA Real Estate
Expert:  CalAttorney2 replied 1 year 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).