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What are some aspects of the California Homestead Declaration Form?

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Quick Answer

The California homestead declaration form has sections where the homeowner enters his name, states that the property is a principal residence and attests to his statements' truth, according to the Sacramento County Clerk Recorder. The form also requires a notarized signature, and it must be recorded.

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Full Answer

The homeowner must give his name and the name of his spouse if both spouses have ownership interest in the home, according to the California Code of Civil Procedure. The individuals also state that they live in the home.

The form asks for a legal description of the property, which the owner can find on his deed, 1StopLegalForms notes. The legal description explains the property's physical location using markers such as lot number and references to maps recorded with the county.

After attesting to the truth of his statements, the homeowner must sign the form in front of a notary public, the Sacramento County Clerk Recorder explains. The homeowner then records the declaration form with the county by hand delivering or mailing it to the county clerk or recorder. Recorders' offices typically charge a recording fee for this service.

The recorded declaration protects the homestead from losses due to actions such as bankruptcy. It may be useful for an individual with significant equity in his home and enough debt to put that equity at risk in the event of a financial problem.

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