Legal Question in Real Estate Law in California

If a person files a Homestead declaration with the county (Santa Clara County), but the residential structure/trailer is not a permitted structure/trailer and there has never been any permit obtained to have any residence on the property (indeed, there is a Williamson Act contract on the property), what is the legitimacy of their Homestead claim - can a creditor have the Homestead invalidated on the basis of the property not legitimately allowed to have anyone residing on the property?


Asked on 9/11/14, 9:22 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Only if they were not actually living there. If a homestead declaration is already recorded, the judgment creditor has the burden of proving that the debtor does not actually reside on the property.

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Answered on 9/15/14, 8:46 am


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