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Homestead Exemption for Debtor Not Living in Family Residence
Thx
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California
91364-2203
Telephone: (818)226-1205
Email: kennethjschwartz@yahoo.com
Sent from my iPhone
On Apr 28, 2011, at 12:02 PM, Dennis wrote:
> Yes if filed before divorce final
>
> Sent from my iPhone
>
> On Apr 28, 2011, at 11:36 AM, "Kenneth Schwartz" wrote:
>
>>
>> I'm having a senior moment, or at least difficulty with this issue: My client is divorcing and not living in the family residence. Non-filing wife lives at the residence with their children. There is approximately $100,000 in equity. Under CCP 704.730(a)(2), is it proper to claim the $100,000 exemption even though he does not reside in the residence? I ask this because the statute states "...if the judgment debtor or spouse of the judgment debtor who resides in the homestead....."
>>
>
>
ThxKenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ
The post was migrated from Yahoo.
Yes if filed before divorce final
Sent from my iPhone
On Apr 28, 2011, at 11:36 AM, "Kenneth Schwartz" wrote:
> I'm having a senior moment, or at least difficulty with this issue: My client is divorcing and not living in the family residence. Non-filing wife lives at the residence with their children. There is approximately $100,000 in equity. Under CCP 704.730(a)(2), is it proper to claim the $100,000 exemption even though he does not reside in the residence? I ask this because the statute states "...if the judgment debtor or spouse of the judgment debtor who resides in the homestead....."
>
>
Yes if filed before divorce finalSent from my iPhoneOn Apr 28, 2011, at 11:36 AM, "Kenneth Schwartz" <kennethjschwartz@yahoo.com> wrote:
I'm having a senior moment, or at least difficulty with this issue: My client is divorcing and not living in the family residence. Non-filing wife lives at the residence with their children. There is approximately $100,000 in equity. Under CCP 704.730(a)(2), is it proper to claim the $100,000 exemption even though he does not reside in the residence? I ask this because the statute states "...if the judgment debtor or spouse of the judgment debtor who resides in the homestead....."
The post was migrated from Yahoo.
I'm having a senior moment, or at least difficulty with this issue: My client is divorcing and not living in the family residence. Non-filing wife lives at the residence with their children. There is approximately $100,000 in equity. Under CCP 704.730(a)(2), is it proper to claim the $100,000 exemption even though he does not reside in the residence? I ask this because the statute states "...if the judgment debtor or spouse of the judgment debtor who resides in the homestead....."
The post was migrated from Yahoo.