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California Chapter 7. Can I take a homestead exemption on a property in another state if I don't live in the home?

Los Angeles, CA |

Ok, I am on the title to my daughter's property in another state. I barely own any personal property and don't own any real property of my own. My question is, can I take advantage of the CA 704 75k homestead exemption if I don't live there and am therefore filing in California?

We had to come to CA for the last couple of years to take care of an ill adult child...so maybe that helps.

Attorney Answers 4


  1. No. To claim any homestead, the residence must be your primary residence. Instead, you would use the 703.140(b)(5) wildcard to cover your equity interest up to the exemption maximum as applicable.


  2. Mr. Berkus is correct. A homestead exemption is exactly that, your homestead, but you can use the California "wild card" exemption, which is considerably less. Please talk to an experienced BK attorney before you contemplate filing a Ch. 7 where you have non-exempt assets because the Trustee is likely to administrate (sell) them if they are of a certain value (which depends on a case by case basis).


  3. No you cannot for the reasons stated by the other lawyers.


  4. Yes ... if your spouse lives there ... but not just your daughter.

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