Homestead Exemption for Debtor Not Living in Family Residence
Posted: Thu Apr 28, 2011 12:30 pm
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.