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California aragraph is true and correct. WITNESS my hand and official seal. NOTARY SIGNATURE NOTARY SEAL (Name of Notary) rument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing pme(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the inst___ before me, _________________________________________, personally appeared ______________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose naour own personal knowledge. Dated_________________ Signed__________________________________ Signed__________________________________ State of California } ss. County of __________________ On _________property is our principal dwelling, and we reside in this property on the date that the homestead declaration is recorded. 5. The facts stated in this homestead declaration are known to be true as of State of California, and more particularly described as follows (give complete legal description): 3. We claim this property and the dwelling thereon as a homestead on behalf of both of us. 4. This dress of ______________________________________________________________________________, in the City of ____________________________, and County Of __________________ ________________________________,______ and ________________________________________ do hereby certify and declare the following: 1. We are husband and wife. 2. That we are the joint owners of the following property located at the ad_________________ Address _____________________________________________ City State and Zip ) ) ) ) ) ) ) ) ) ) ) HOMESTEAD DECLARATION (Spouse as Declared Owners) We, _______________________________ecorded Declaration. Declaration of Homestead ­Couple (Instructions) 2 Recording Request By and When Recorded Mail To _____________________________________________ Name ____________________________You can find its address and telephone number in your local telephone directory. One Self-Addressed Stamped Envelopes. You will need this because you will be asking the clerk to return a copy of the r: Forms. The original and a copy of the Declaration Fees. You will need to include a check for the recording fee. To get the specific amount of the recording fee you can contact your County Recorder. hat you need done. You will want the clerk to record the Declaration and mail back it back to you (in the self-addressed stamped envelope you've enclosed). You will need to include the following itemsphone number in you local telephone directory. · Mail ­If you choose to mail your Declaration to the County Recorder you will need to begin with a cover letter explaining what you have included and wwill need to pay the clerk the amount of the recording fee, probably around $10. To get the specific amount of the recording fee you can contact your County Recorder. You can find its address and teleinal and two copies (just to be safe) of your completed and notarized Declaration. You will tell the clerk you want to record a Declaration of Homestead. The clerk will help you from here. Fees. You by mail. In Person ­Recording your Declaration in person will be quicker because you won't have to wait for delivery. You can take the form to your County Recorder. You will need to bring in the origake at least two copies of your completed forms in case additional copies are required by the court and for your personal records. Step 5: Recording. You can either record the Declaration in person orification with you (e.g. social security card, driver license, passport, etc.). Because you will both need to sign the document, both of you will need to go to the Notary. Step 4: Copies. You should mleted by the notary. B. RECORDING THE DECLARATION Step 3: Notary Acknowledgement. Take the form to a Notary Public, you can find one in your telephone directory or at local bank. Take personal identve this form notarized, so wait to sign it until you are in front of the notary. Both of you will need to sign the Declaration at that time. Notarization. Don't bother filling this in, it will be comp panic, this description can be taken off the deed to the property. If you do not have this description, the court will often accept the complete address alone. Signature and Date. You will need to hass. In the upper right hand corner, insert the address you would like the Declaration mailed to once it is recorded. Legal Description. You are asked to give a legal description of the dwelling. Don'tions contained in the form carefully. Step 2: Completing the form. Insert the appropriate information in the form. Below are additional instructions for the trickier sections of the form: Return AddreIONS CALIFORNIA DECLARATION OF HOMESTEAD--MARRIED COUPLE A. GETTING STARTED ­ COMPLETING THE FORMS Step 1: Read the Instructions Carefully. You need to read these instructions as well as the instructgligence or otherwise) arising in any way out of the use of these materials. An attorney should be consulted for all serious legal matters. Declaration of Homestead ­Couple (Information) 2 INSTRUCTnt of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including neegalForms, Inc, its agents, partners or affiliates be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procuremeive any express or implied warranties of merchantability, suitability or completeness of any of the materials for your particular needs. The materials are used at your own risk. In no event will FindL. does not provide legal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" found at findlegalforms.com. These materials are provided "AS-IS." We do not ge court may reject forms that are difficult to read or they may input the information incorrectly. Disclaimer No Attorney-Client relationship is created by use of these materials. FindLegalForms, Incion in the appropriate spaces or you can fill them out manually. If you are filling out the forms manually and are not using a typewriter, use black ink and print as legibly and neatly as possible. This packet contains: (i) Information for the Declaration; (ii) Instructions for the Declaration; and (iii) The Declaration You can fill out the forms on the computer by entering the requested informatd; (iii) You must reside in the dwelling at the time of the recording; (iv) A resident of the state of California; and (v) A resident of the county where you will record the Declaration. Materials Th read sections 704.710-704.995 of the California Code of Civil Procedure. Requirements To use this packet you must be: (i) The owners of a dwelling (e.g. house, condo, etc.), not renters; (ii) Marrietion does not protect you from: (i) loans or debts secured by the dwelling, (ii) liens by contractors who put labor and materials into the dwelling, or (iii) tax liens. For more information you shouldill also protect proceeds of the sale exempted by the homestead from creditors for six months after the house is sold, even if the house was voluntarily sold by the homeowner. Please note: the Declarause is located. The amount of the exemption does not change or increase when a homestead declaration is recorded, but it offers extra protection because it's not automatically lost when you move. It we the signing or recording of any documents. The homeowner can have a declared homestead exemption as well by recording a homestead declaration form with the County Recorder in the county where the hos of homestead exemption--one is automatic and the other is declared. Every homeowner has an automatic homestead exemption of at least $50,000 for his or her residence. This protection does not requir sale of your home if there is a surplus over the exemption amount plus other liens and encumbrances (e.g. if your house is worth more than your mortgage and the homestead exemption). There are 2 kindbe protected from your creditors. If your home is worth $175,000 and you have a mortgage of $75,000, your entire equity in the house ($100,000) is protected. But creditors may still be able to force aication as the owner, with a minimum of $50,000. For example, if you are over the age of 65, you will receive $150,000 worth of protection. This means that the equity in your home up to $150,000 will home sold. The homestead law protects a certain amount of your equity in your home from being taken to pay the judgment. The amount of the protection you will receive varies depending on your classifon who sued you will receive a judgment from the court. If you do not pay the judgment, they can then try to collect the judgment by garnishing your wages, having your automobile sold or by having youINFORMATION CALIFORNIA DECLARATION OF HOMESTEAD--MARRIED COUPLE Overview A homestead law helps to protect you from losing your home to creditors. If you are sued for money in court and lose, the pers California