What is a homestead?
- The house in which a family lives, plus any adjoining land and other buildings on that land.
- Real estate that is not subject to the claims of creditors as long as it is occupied as a home by the head of the household.
(Definition from Nolo Dictionary)
What is a homestead exemption?
A homestead exemption is a legal protection of a portion of a homeowner's equity in their residence from any debts owed to creditors. Homestead exemptions may be either automatic or declared (see information from Sacramento County Public Law Library, linked below). The amount of equity protected by a homestead exemption is found in CCP sec.704.730:
"(a) The amount of the homestead exemption is the greater of the following:
- The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($600,000).
- Three hundred thousand dollars ($300,000).
(b) The amounts specified in this section shall adjust annually for inflation, beginning on January 1, 2022, based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations, for the most recent one-year period ending on December 31 preceding the adjustment, with each adjusted amount rounded to the nearest twenty-five dollars ($25)."
It is necessary that the homeowner filing this declaration be living at the specified residence
and that the homeowner only have one declaration at a time.
Recommended Resources
Online:
County of Riverside Assessor-County Clerk-Recorder: Homestead Declaration
County of Riverside Assessor-County Clerk-Recorder: Recording Requirements
Nolo Encyclopedia: The Homestead Exemption in Bankruptcy
Sacramento County Public Law Library: Homestead Declaration Guide
Books:
(All titles are available electronically from any RCLL location unless otherwise noted. Ask staff about remote availability.)
Witkin Summary of California Law (Westlaw)
Available in print: Riverside, Palm Springs, Temecula
Call Number: KFC 80 .W5
See volumes 9, 12, and 14
Miller & Starr: California Real Estate (Westlaw)
Available in print: Riverside, Palm Springs
Call Number: KFC 140. M52222
See Chapter 43
California Jurisprudence 3d (Westlaw)
Available in print: Riverside, Palm Springs, Temecula
Call Number: KFC 65 .C343
See Volume 37
California Real Estate Law & Practice (Lexis)
Available in print: Riverside, Palm Springs
Call Number: KFC 140 .B4
See Volumes 3 and 10
California Forms of Pleadings & Practice Annotated (Lexis)
Available in print: Riverside, Palm Springs, Temecula
Call Number: KFC 1010 .A65 C3
See Volume 25, Chapter 294
Pertinent California Codes:
CA Civil Code Sec.1207
CA Code of Civil Proc. Sec.704.710-704.995
Please Note: The information presented in this research guide is intended to provide a
foundation for legal research. For information pertaining to your case please consult with an
attorney, court facilitator, or specialist.
Revised 10/29/25
