Just wondering if the 175k exemption works despite whether there are others in the home or not? Income low or not? What if you had a situation with one spouse over 65 and the other under?
No. Here is the breakdown:
If you file for bankruptcy in California and are eligible to use California’s bankruptcy exemptions, you can choose from two exemption systems, often called System 1 and System 2.
In California’s System 1, single homeowners who are not disabled may exempt up to $75,000 of the equity in their home or other property covered by the homestead exemption. You may exempt up to $100,000 if you live with a family member; $175,000 if you are 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, and earn a gross annual income under $15,000 or are married and earn a gross annual income under $20,000 and creditors seek to force the sale of your home. If you are married but separated, you may claim the homestead exemption in community property occupied by your spouse.
In California’s System 2, homeowners can exempt up to $24,060 of the equity in their home.
Hope this helps.
1 lawyer agrees
Medical Malpractice Attorney
Go hire Mr. Steingraber!
If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others. Thank you. This response may provide information relating to potential legal issues. Nevertheless, your review of any information contained herein is not a substitute for legal advice from qualified legal counsel. For this reason, you should not rely on this response as a source of legal advice. Your use of this information does not create any attorney-client agreement. In order to become a client of David C. Lee, you must negotiate a specific attorney–client agreement with an attorney from this law office.