Can I file a Homestead Declaration even though my home is held by a community property trust with my wife?

Asked over 1 year ago - Oakland, CA

My wife and I bought a primary residence home last year. We formed a community property living trust and transferred the property to the trust. I'd like to protect the equity by filing a homestead declaration, but I am not sure whether I am allowed to do so if the property is held by our living trust?

Attorney answers (3)

  1. Samuel G Lockhart

    Pro

    Contributor Level 7

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    Lawyers agree

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    Answered . Yes, you can record a homestead declaration. I am assuming you set up a Revocable Living Trust with you and your wife as Trustees of the Trust. If so, your trust is not a separate entity. Thus, for all intents and purposes, you are the owner of your home.

  2. Chi Leung Ip

    Contributor Level 13

    2

    Lawyers agree

    Answered . If what you have is a living trust (not an irreversible trust) and you live there as your primary home, you can file your homestead declaration. Edward C. Ip www.lawyer4property.com

    No attorney / client relationship established. The answr is for discussion and general information only. The... more
  3. Eric Jerome Gold

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . So long as your community property trust is a revocable living trust (not an irrevocable trust), you should be able to file the Homestead Declaration.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more

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