{"id":371793,"date":"2016-03-31T21:34:29","date_gmt":"2016-04-01T02:34:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-homestead-laws.html"},"modified":"2026-05-11T16:06:46","modified_gmt":"2026-05-11T21:06:46","slug":"california-homestead-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-homestead-laws.html","title":{"rendered":"California Homestead Exemption in Bankruptcy"},"content":{"rendered":"\n
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California Homestead Exemption in Bankruptcy<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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California homestead laws protect a portion of a homeowner\u2019s equity in their primary residence from being seized by creditors. While all homeowners have an automatic exemption, recording a declared homestead provides better protection for voluntary sale proceeds and future equity.<\/p>\n\n <\/div>\n\n\n\n

Homestead protection<\/span> laws allow homeowners<\/span> to declare some real property as \u201chomesteads\u201d during bankruptcy and other legal proceedings. This prevents creditors from seizing the property to pay off judgment liens<\/span>. California<\/span> law gives homeowners<\/span> an automatic <\/span>homestead<\/span> exemption<\/span> based on the median home value in the area.<\/p>\n

Homestead exemption<\/span> laws<\/span> help owners keep their principal residence<\/span> during financial difficulties. There are some restrictions to the California<\/span> homeowner<\/span>\u2019s exemption<\/span>. Homeowners<\/span> considering bankruptcy<\/a> should discuss methods of protecting their assets with a bankruptcy attorney<\/a>.<\/p>\n

California<\/span> Homestead Exemption<\/span> Laws<\/span><\/strong><\/h2>\n

California<\/span> has two types of homestead exemptions<\/span>. The automatic exemption applies to all homes once purchased. The second is a \u201cdeclared\u201d exemption. You must file the declaration with the County Recorder<\/span>‘s office<\/span> in your home county.<\/p>\n

Automatic <\/span>Homestead<\/span> Exemptions<\/span><\/strong><\/h3>\n

To qualify for the automatic exemption, a homeowner<\/span> must:<\/p>\n

The California<\/span> automatic <\/span>homestead<\/span> exemption<\/span> prevents forced sales<\/span> by creditors. In other words, if you file a bankruptcy and a creditor wants a judge to order you to sell your house to pay your debts, they cannot force you to sell<\/a> just because you have that much equity in the home, according to the California<\/span> Code of Civil Procedure<\/span>.<\/p>\n