Welcome to Fraley & Fraley’s:
New California Homestead Exemption Page
First, before you venture further to go to the link for your county’s Homestead exemption, you need to know several things.
- WARNING: in certain situations, Federal Bankruptcy Laws may limit your use of the California Homestead Exemption to $170,350. If you do not know the relevant Federal Bankruptcy Law, you can LOSE YOUR HOME attempting to use the California Homestead Exemption for any amount above that $170,350 amount.
- Other issues may limit your use of the California Homestead Exemptions that will be provided, and some individuals may not have any right to use these exemptions despite living in California and owning a home in California.
- Assuming the Federal Law limiting your California Homestead Exemption does not apply to your home, the MINIMUM homestead exemption for your residence (where you actually live) in every county in the State of California is $300,000. There is no question about that. No Judge, Trustee, or Creditor will be able to challenge the exemption. That does not mean that a Trustee or a Creditor cannot challenge the value of your home to claim there is equity above that $300,000 exempt amount.
- Assuming the Federal Law limiting your California Homestead Exemption does not apply to your home, the MAXIMUM homestead exemption for your residence (where you actually live) in every county in the State of California is $600,000. No matter where your home is. If your equity exceeds the MAXIMUM homestead exemption of $600,000, the rest is not exempt and not protected.
- The grey area is equity that is more than $300,000 but less than $600,000. While the law is clear that the California Homestead Exemption is equal to the:
- The MEDIAN sale price of a single-family detached home in your county
- for the whole prior year.
The problem with that is there is no available information as to what that number is. Simply put, that number DOES NOT EXIST.
- The AVERAGE sale price is NOT the MEDIAN sale price. They are two different concepts.
- These amounts that you will be able to obtain below are NOT what the California Homestead Exemption is. They are based on the best available numbers that will be as close to the actual amount as can be determined where the exact amounts are not available.
- The information provided here is based on the AVERAGE of the TWELVE MEDIAN MONTHLY SALES AMOUNTS for your county for the prior year, if available, not the TOTAL MEDIAN SALES AMOUNT for the whole year.
- Other issues may apply to your specific situation that are not covered here.
- IF YOU USE THESE ESTIMATED CALIFORNIA HOMESTEAD AMOUNTS, YOU ACKNOWLEDGE THAT:
THEY ARE NOT THE ACTUAL AMOUNT OF THE HOMESTEAD EXEMPTION, BUT AN ESTIMATE OF THAT AMOUNT AS DESCRIBED IN THE RELATED VIDEO AND ELSEWHERE ON THIS WEBSITE, INCLUDING THE PAGE YOU ARE GOING TO FOR YOUR ESTIMATE COUNTY HOMESTEAD EXEMPTION;
- YOU ARE USING THESE ESTIMATED HOMESTEAD AMOUNTS AT YOUR PERIL;
- YOU ARE HOLDING FRALEY & FRALEY HARMLESS SHOULD THESE ESTIMATED HOMESTEAD AMOUNTS BE CHALLENGED FOR ANY REASON;
- THE INFORMATION PROVIDED DOES NOT, IN ANY WAY, CONSTITUTE LEGAL ADVICE;
- THIS WEBSITE AND ITS CONTENTS ARE FOR INFORMATIONAL PURPOSES ONLY;
- THIS WEBSITE AND ANY INFORMATION PROVIDED BY FRALEY & FRALEY, ITS’ ATTORNEYS, AND STAFF DO NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP;
- ONLY A WRITTEN AGREEMENT, SIGNED BY BOTH YOU AND AN ATTORNEY AT FRALEY & FRALEY TO REPRESENT YOUCAN CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
DO NOT ATTEMPT TO USE THE INFORMATION CONTAINED HEREIN TO FILE YOUR BANKRUPTCY WITHOUT HIRING A SKILLED BANKRUPTCY ATTORNEY TO REPRESENT YOU.
By filling out the form and providing the information required to access the Estimated California Homestead Exemption for your county, you acknowledge that you have read and understood the information above and agree to all terms and conditions stated above.
We can also put the following below.
You can also get a free copy of my book: “49 Dos’ & Don’ts When Considering Bankruptcy.” It is both informative and written for real people. It also has a bit of my quirky humor in it. Here is the link to be able to download my book.
If you would like a strategy session with a California bankruptcy law specialist worth $450 at no charge to you, give us a call at 916-485-5444; or fill out the consultation request form in the upper right corner of our SacramentoBankruptcyAttorneys.com home page; or click on this link.
You can see what counties Fraley & Fraley accepts clients from; click on this link.