CA homestead in RV?
Posted: Mon Sep 26, 2016 2:54 pm
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.
*
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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
>
>
>
>
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