Family Unit for $100k Homestead Exemption
Posted: Fri Jul 29, 2016 2:16 pm
CCP 704.710 defines...
(b)Family unit means any of the following:
(1)The judgment debtor and the judgment debtor's spouse if the spouses reside together in the homestead.
(2)The judgment debtor and at least one of the following persons who the judgment debtor cares for or maintains in the homestead:
(A)The minor child or minor grandchild of the judgment debtor or the judgment debtor's spouse or the minor child or grandchild of a deceased spouse or former spouse.
(B)The minor brother or sister of the judgment debtor or judgment debtor's spouse or the minor child of a deceased brother or sister of either spouse.
(C)The father, mother, grandfather, or grandmother of the judgment debtor or the judgment debtor's spouse or the father, mother, grandfather, or grandmother of a deceased spouse.
(D)An unmarried relative described in this paragraph who has attained the age of majority and is unable to take care of or support himself or herself.
Frank X. Ruggier
Sent from my iPhone
> On Jul 29, 2016, at 1:43 PM, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
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> I believe family unit is defined in the homestead exemption statute.
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> Steven B. Lever
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> Sent: Friday, July 29, 2016 1:31 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Family Unit for $100k Homestead Exemption
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> I would be more careful and think the opposite. A debtor with minor children should qualify as a family unit. Adult children need to be disabled. I don't know that sister and her children will qualify. Does sister claim any ownership or have any independent basis to give her a homestead?
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> Very truly yours,
> Shai Oved
> The Law Offices of Shai Oved
> 7445 Topanga Cyn. Blvd., Suite 220
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> Tel: (818) 992-6588
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>
> In a message dated 7/29/2016 1:24:32 P.M. Pacific Daylight Time, cdcbaa@yahoogroups.com writes:
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> My opinion is yes, this qualifies as a family unit, but I have not researched the case law in a while.
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> Holly Roark
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> Certified Bankruptcy Specialist*
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> and Sports Lawyer
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> holly@roarklawoffices.com **primary email address**
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> www.roarklawoffices.com
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> Central District of California & District of Idaho - Consumer Bankruptcy Attorney
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> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
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> T (310) 553-2600; F (310) 553-2601
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> *By State Bar of California Board of Legal Specialization
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> On Fri, Jul 29, 2016 at 12:37 PM, tysonlawfirm@yahoo.com [cdcbaa] wrote:
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> Hi Everyone,
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> PC, her adult son and daughter, Sister and minor nieces live in the PC's home. Need an opinion if this PC can qualify for $100k homestead b/c family unit living in the rp.
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> Thanks!
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Family unit means any of the following:(1)The judgment debtor and the judgment debtor's spouse if the spouses reside together in the homestead.(2)dgment debtor cares for or maintains in the homestead:Frank X. RuggierSent from my iPhoneOn Jul 29, 2016, at 1:43 PM, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
I believe family unit is defined in the homestead exemption statute.
Steven B. Lever
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Friday, July 29, 2016 1:31 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Family Unit for $100k Homestead Exemption
I would be more careful and think the opposite. A debtor with minor children should qualify as a family unit. Adult children need to be disabled. I don't know
that sister and her children will qualify. Does sister claim any ownership or have any independent basis to give her a homestead?
The post was migrated from Yahoo.