Your equity in the house you live in may well be your most valuable asset. You can protect all, or at least a substantial amount of that equity from current and future creditors simply by recording (filing with the County Recorder) a simple form called a “Declaration of Homestead”

Once you have recorded a homestead declaration, you judgement creditors cannot force a sale of your home to pay a judgement against you unless the sale would produce enough money to:

  • pay all existing liens (claims on your property) and
  • pay off mortgages and other loans secured by equity in your house, and
  • let you keep your remaining equity in the house up to the amount protected by the homestead ($50,000 – $100,000, depending on your filing status)

The only exceptions are if the creditor is trying to foreclose on the mortgage on the house itself or a home equity line of credit or other loan for which you have pledged the house as security, or to collect a judgement for back child support, spousal support or taxes. A homestead does not protect your equity in those situations

Contact Us

Call us:

(805) 563-0853

Visit our Office:

1936 De La Vina St
Santa Barbara, CA 93101


avatarVictoria offered to help us with our Estate Planning.  We had already spent a great deal of money with an Attorney who was never able to complete our paperwork.  She got our Estate planning done and into our hands in no-time, counseled us as to what questions we needed to answer, helps us get all the needed paperwork signed, notarized and submitted to the necesssary places.  We couldn't have done it without About Justice.

Susan F.
Follow us