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Q.What is the Automatic Homestead Exemption?
A.The automatic homestead exemption applies only to a forced sale of the property. To qualify for the automatic homestead exemption, the owners of the residence must live on the property from the date a judgment creditor's lien attaches until the date a court orders that the residence is a homestead. If a creditor attempts to sell the home, the burden of proof is on the homeowner to prove to the court that an automatic homestead exemption exists. It is therefore prudent to file a declaration of a homestead in advance of any potential judgment.
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