Legal Question in Real Estate Law in California

Only if the residence structure sits partially on both parcels. A house and yard on one parcel, with an adjacent "back 40" cannot be joined any more than if the "back 40" was in the next county.

A homestead declaration is sometimes useful to protect your residence from foreclosure, as is the so-called "automatic" homestead which requires no pre-filing. However, only the residence and the parcel upon which it is built qualify, not adjoining lots.

I disagree with Mr. Whipple, with respect to his claim that a homestaed declaration is useful to protect your home from foreclosure.

The homestead declaration does not restrict or limit any right to encumber the declared homestead. “A homestead declaration does not restrict or limit any right to convey or encumber the declared homestead.” (Code Civ. Proc., § 704.940.)

The homestead statutes are designed to protect the value of the homestead from judgment liens, but they do not impair the right of a declared homestead owner to encumber the homestead with consensual liens, such as a deed of trust securing a promissory note executed by the declarant of the homestead.

If a declared homestead owner defaults on a debt secured by a consensual lien, the homestead is not protected from a nonjudicial foreclosure, that is, the homestead laws cannot be used to prevent a private sale pursuant to a power of sale conferred by the trust deed or mortgage securing the debt, as distinguished from preventing an execution of judgment sale. (Code Civ. Proc., § 703.010 subd. (b).)