A lawsuit can force the sale of your home. A declared homestead fights back.
California protects part of your equity automatically, but a recorded Homestead Declaration protects more of it, including the money after a sale you choose. We prepare and e-record it for $150, and file your homeowners’ property tax exemption for $25.
What does a Homestead Declaration actually do?
If a creditor wins a judgment against you, they can ask the court to sell your home to collect. California law shields a slice of your equity from that sale. That automatic protection is at least $300,000 and capped at $600,000, with both figures adjusted for inflation each year, and where you land depends on the median home price in your county.
The automatic exemption applies whether or not you file anything. Recording a Homestead Declaration adds protection the automatic exemption does not give you: if you sell the house voluntarily, the sale proceeds stay protected for six months while you buy another home. Without a declaration, that money is exposed the moment escrow closes.
You must actually live in the home. A declared homestead covers your principal residence only, not a rental, a vacation house, or land you are holding.
What you pay, itemized
| Item | Who charges it | Amount |
|---|---|---|
| Homestead Declaration, prepared and recorded | TruPoint Legal | $150 |
| Homeowners’ Property Tax Exemption filing | TruPoint Legal | $25 |
| Electronic recording with your county | E-recording platform | $50 |
| County recording fee | County Recorder | about $50 |
| Typical total, both filings | All in | about $275 |
County recording fees are set by each county and confirmed in writing before you pay. Notarization, if your county requires it, is billed separately at $15 per signature.
File it before you need it
Business owners and contractors
A claim against the business can reach your personal home. The declaration goes on record before any judgment does.
Anyone facing a lawsuit
Once a judgment lien attaches, your options narrow. Recording early is the whole point.
Medical debt
Hospital and collection accounts turn into judgments quietly. Homeowners often learn about the lien at refinance.
Homeowners with real equity
Bay Area equity often exceeds the automatic cap. Know what is protected and what is not.
Planning to sell
A declared homestead keeps the proceeds protected for six months after the sale while you reinvest.
New homeowners
Just bought? File the tax exemption within your first year and record the declaration at the same time.
What a homestead does and does not stop
It helps against
- Judgment creditors trying to force a sale of your home
- Credit card and medical collection judgments
- Business debts that follow you personally
- Loss of sale proceeds: a declared homestead protects them for six months
- Exposure in bankruptcy, where the exemption is claimed
It does not stop
- Your mortgage lender: you agreed to that lien
- Property tax collection by the county
- Mechanics liens recorded by contractors on your property
- Child or spousal support enforcement
- Most federal tax liens
- Equity above the exemption amount, which can still be reached
TruPoint Legal is a Registered Legal Document Assistant and prepares the documents you direct. We cannot tell you whether a homestead will defeat a particular creditor. If you are already being sued or served, speak with an attorney.
Why homeowners hand this to us
Filing it alone
- The legal description must match the recorded deed exactly, or the county rejects it
- Wrong owner name or vesting makes the declaration worthless
- Only authorized submitters can e-record in California, so you mail it and wait
- A rejected document comes back with a fee and no explanation
- The tax exemption is a separate form, filed with a different office
With TruPoint Legal
- We pull your recorded deed and copy the legal description from it
- Owner names and vesting checked against title before signing
- E-recorded the same business day, all 58 counties
- Stamped copy emailed back to you
- Both filings handled together, county and assessor
Recorded in about three business days
Ten-minute form
Property address, owner names, and who lives there. No payment to start.
We confirm the fee
Total in writing, including county fees, with a secure payment link.
You sign
Sign with any notary, in California or anywhere else. You never visit our office.
We record it
E-recorded the same business day, stamped copy emailed to you.
16 questions about California homestead protection
How much does a Homestead Declaration cost in California?
TruPoint charges a flat $150 to prepare and record your Homestead Declaration. The homeowners’ property tax exemption filing is $25. Electronic recording is $50 and the county recording fee is about $50, so most homeowners pay about $275 for both filings.
What is the difference between the automatic homestead and a declared homestead?
The automatic exemption applies without filing anything, but only when a creditor forces a sale. A recorded declaration adds protection: if you sell the home yourself, the proceeds stay protected for six months while you buy another home.
How much equity does California protect?
At least $300,000, capped at $600,000, with both numbers adjusted for inflation each year. Where you land in that range depends on the median home sale price in your county for the prior year.
Does the home have to be my primary residence?
Yes. A homestead covers your principal residence, where you actually live. Rentals, vacation homes, and investment property do not qualify.
Will a homestead stop my mortgage lender from foreclosing?
No. You granted that lien when you took the loan, so a homestead does not affect it. The same is true for property taxes and mechanics liens recorded against the property.
Does it protect me from the IRS?
Generally no. Federal tax liens are not stopped by a state homestead exemption. Speak with a tax professional or attorney about federal liens.
What is the homeowners’ property tax exemption?
It is a separate filing with your County Assessor that takes $7,000 off the assessed value of your primary residence, saving roughly $70 a year. We file it for $25 with your declaration.
Is there a deadline for the property tax exemption?
File by February 15 for the full exemption that year. A late filing by December 10 usually receives a partial exemption, and the full amount then applies the following year.
Can I file a homestead if my home is in a living trust?
Yes, in most cases the trustee signs. The declaration must name the parties exactly as title reads, which is why we pull your recorded deed first.
Do married couples each file one?
A married couple records one declaration for the residence they share, signed as title is held. Only one declared homestead can be in effect for a household at a time.
I already have a judgment against me. Is it too late?
A declaration recorded after a judgment lien attaches may not help against that creditor, so timing matters. If you have been sued or served, speak with an attorney before filing anything.
Do I need to file again after I refinance?
Refinancing does not cancel a recorded declaration, but a change in how title is held, such as adding a spouse or moving the home into a trust, is a good reason to record a new one.
What happens to my homestead when I sell?
With a recorded declaration, the proceeds are protected for six months while you buy another home. Without one, the protection ends when the sale closes.
Can I record the declaration myself?
You can. The common failures are a legal description that does not match the recorded deed, and owner names that do not match title. California also limits e-recording to authorized submitters, so on your own you mail it and wait.
How long does the whole thing take?
Documents are usually ready in one to two business days. Once you sign with a notary, we e-record the same business day and email you the stamped copy.
How do I get started?
Fill out the ten-minute form or call (408) 766-3532. We confirm the total in writing, you pay by card through a secure link, and we record it the same day you sign.
Protect your equity before a creditor comes looking
Homestead Declaration recorded for $150, tax exemption filed for $25, all 58 California counties.
TruPoint Legal LLC, 434 Blossom Hill Rd, San Jose, CA 95123. TruPoint Legal is a Registered and Bonded Legal Document Assistant (LDA #268, Santa Clara County). We are not attorneys, cannot give legal advice, and prepare documents solely at the client’s direction. Exemption amounts adjust annually; confirm current figures for your county. Prices exclude county recording fees and notarization.