Legal Definitions - homestead declaration

A homestead is a property that includes a house, outbuildings, and surrounding land that is owned by a person or family and used as their primary residence. A homestead declaration is a legal document that records a person's homestead exemption, which protects their property from being taken by creditors.

In most states, homeowners are automatically granted a homestead exemption without having to file a declaration. However, some states require homeowners to file a homestead declaration in order to claim the exemption.

The homestead declaration is typically signed by the homeowner, notarized, and filed with the county recorder's office where the property is located. Once filed, the declaration provides legal protection for the homeowner's property.

• John and his family own a house and surrounding land that they use as their primary residence. They file a homestead declaration with the county recorder's office to protect their property from creditors.
• In California, homeowners are automatically granted a homestead exemption of $75,000 for individuals and $100,000 for married couples. However, if a homeowner wants to claim a higher exemption, they must file a homestead declaration.

These examples illustrate how a homestead declaration is used to protect a homeowner's property from creditors and to claim a homestead exemption in states where filing a declaration is required.