.jpg)
CA homestead in RV?
I agree with Gio. CCP 704.710(a) defines a dwelling (which is
eligible for the homestead exemption) as:
(a) "Dwelling" means a place where a person resides and may
include *_but is not limited to the following_*:
(1) A house together with the outbuildings and the land upon which
they are situated.
(2) A mobilehome together with the outbuildings and the land upon
which they are situated.
(3) A boat or other waterborne vessel.
(4) A condominium, as defined in Section 783 of the Civil Code.
(5) A planned development, as defined in Section 11003 of the
Business and Professions Code.
(6) A stock cooperative, as defined in Section 11003.2 of the
Business and Professions Code.
(7) A community apartment project, as defined in Section 11004 of
the Business and Professions Code.
*Therefore, an RV in which is the debtor's principal dwelling would
seem to qualify for the exemption. It would be a tough argument for
someone to make against that position unless the debtor actually
maintained a residence elsewhere.
*
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.
On 9/26/2016 2:08 PM, easky1@yahoo.com [cdcbaa] wrote:
>
>
> Hello all:
>
>
> I am searching CA, but cannot find a case on whether an RV placed
> in one place as a dwelling, qualifies as a homestead in CA. I
> found two that say yes in Florida, but cannot find a CA case.
> Anyone found anything contrary in CA?\
>
>
> Dennis
>
>
> Florida cases:
>
> Mangano 158 B.R.532 (1993), and
>
> Irwin 293 B.R. 28 (2003)
>
>
>
> Interesting, the CA Supreme Court, and the U.S. Supreme court have
> held a motor home has the constitutional rights of privacy of a
> dwelling, CA v. Carney 471 U.S. 386 (1985) from CA 34 Cal.3d 597
>
>
>
>
The post was migrated from Yahoo.
I've actually invoked the homestead exemption for an RV. I don't think you
will find cases because my recollection is that the language of the statute
itself is enough.
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
WRITING.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
I've actually invoked the homestead exemption for an RV. I don't think you will find cases because my recollection is that the language of the statute itself is enough.-- WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN WRITING.Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com
The post was migrated from Yahoo.