California Real Estate Practice Exam

All of the following are correct concerning a valid homestead declaration, EXCEPT:

1. Declarant must be married at the time of declaring

2. Declarant must give a description of the property

3. Declarant must reside on property at time of declaring

4. All of the above

The correct answer is: Declarant must be married at the time of declaring

A valid homestead declaration provides important protections under California law, particularly regarding protecting a portion of a homeowner's equity from creditors. One of the key requirements for a homestead declaration is that the declarant must reside on the property at the time of declaring. This ensures that the homestead exemption applies to that specific primary residence. Additionally, it is necessary for the declarant to provide a description of the property in the declaration, which specifies which property the homestead exemption applies to. While there are various provisions regarding homestead declarations, being married at the time of declaring is not a requirement for a valid declaration. Both single individuals and married couples can declare a homestead. Therefore, the assertion that a declarant must be married is incorrect, making it clear why this statement is the exception among the choices provided.