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Maximize the Homestead Exemption. Protect the Home with Tenancy by the Entirety. Implement an Equity Stripping Plan. Create a Domestic Asset Protection Trust (ADAPT) Put the Home Title in the Low-Risk Spouse's Name. Purchase Umbrella Insurance.
Maximize the Homestead Exemption. Protect the Home with Tenancy by the Entirety. Implement an Equity Stripping Plan. Create a Domestic Asset Protection Trust (ADAPT) Put the Home Title in the Low-Risk Spouse's Name. Purchase Umbrella Insurance.
Tenancy by the entirety. About half the states allow married couples to hold title to their principal residence as tenants by the entirety. Homestead exemptions. Qualified personnel residence trust (PRT).
The lien gives the creditor an interest in your property so that it can get paid for the debt you owe. If you sell the property, the creditor will be paid first before you receive any proceeds from the sale. And in some cases, the lien gives the creditor the right to force a sale of your property in order to get paid.
Judgment creditors can force the sale of your home to get paid, but they rarely do this. If you're sued in court for a sum of money and lose the case, the prevailing party will be granted a judgment. In some cases, the judgment creditor can force the sale of your property in order to get paid.
If you're claiming a lien on real property, it must be filed in the recorder's office of the county where the property is located. Expect to pay a filing fee between $25 and $50 depending on the location where you file.
California homestead real estate law helps to protect non-consensual creditors that attempt to force you to sell your home or attach sale proceeds to collect on a debt you owe. California homestead real estate law does not protect your home from voluntary liens, such as a mortgage or deed of trust, mechanics' liens,
Creditors can put a lien against real estate protected by a homestead in a couple of ways they can sue you & obtain a court judgment, then record that court judgment, or they can provide services to the house (such as home repairs) and have a statutory lien placed against your real estate.
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