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

Asked about 2 years 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. 2

    Lawyers agree


    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. 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

    No attorney / client relationship established. The answr is for discussion and general information only. The... more
  3. 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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Real estate

The term real estate means land and items permanently attached to it, like buildings. This area of law deals with who has the right to own and use these items.

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