Legal Homestead Petition

LEGAL HOMESTEAD PETITION

Petitioner Name:    Co-Petitioner Name:

Property Address:

County:    State:    Parcel or Tax ID No.:

RECITALS

WHEREAS, Petitioner is the owner in fee simple or holds legal title to the real property described below and located at the Property Address stated above; and

WHEREAS, Petitioner occupies the property as Petitioner’s principal residence and has continuously so occupied it since ; and

WHEREAS, Petitioner seeks to have the subject property declared a homestead to secure the exemptions, protections, and priorities afforded under applicable state law and to place notice of that claim in the public record.

NOW, THEREFORE, Petitioner petitions this Court or the appropriate recording authority and respectfully requests entry of an order or recording of an instrument declaring the subject property a homestead and granting the relief set forth herein.

1. JURISDICTION AND PARTIES

Petitioner is a resident of the County of , State of , and this Court has jurisdiction over the subject matter of this petition to the extent required by law.

2. PROPERTY

The property that is the subject of this Petition is described by the legal description above and is identified by Parcel or Tax ID No.: . The property is the principal dwelling of Petitioner.

3. CLAIM OF HOMESTEAD

Petitioner hereby claims the property as a homestead pursuant to applicable homestead law and asserts the protections and exemption(s) to which Petitioner is entitled. Petitioner claims an exemption in the amount of (if applicable) or as otherwise provided by statute.

The homestead claim is asserted in order to protect the homestead from levy and forced sale except for debts and liens that are excepted from homestead protection by law, including but not limited to: (a) taxes and assessments; (b) purchase-money mortgages and consensual liens executed by the owner; (c) liens for labor or materials for improvements upon the property when recorded or perfected in accordance with law; and (d) other statutory exceptions.

4. LIMITATIONS, EXCEPTIONS, AND ENCUMBRANCES

Petitioner acknowledges that the homestead declaration does not invalidate existing valid liens or encumbrances of record. Existing encumbrances affecting the property are described as follows:

5. NOTICE TO CREDITORS

Petitioner requests that notice of this claim of homestead be provided in accordance with law to creditors of Petitioner whose claims or liens may be affected. Petitioner designates the following address for service of notices regarding the homestead claim:

6. RECORDING AND ORDER

Petitioner requests that the Court, or the appropriate recording authority, enter such order and prepare or accept for recording a declaration of homestead or other instrument necessary to give notice of the homestead claim and that such order be indexed and noted in the official records to reflect the homestead interest.

7. VERIFICATION

I declare under penalty of perjury under the laws of the State of that the facts stated in this Petition are true and correct to the best of my knowledge, information and belief.

8. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Petition shall be governed by and construed in accordance with the laws of the State of . This document contains the entire statement of Petitioner’s claim for homestead relief and supersedes any prior oral or written statements concerning such claim. If any provision of this Petition is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

9. AMENDMENTS; WAIVER; COUNTERPARTS

Any amendment to this Petition shall be in writing and signed by the Petitioner. No waiver of any provision of this Petition shall be effective unless in writing and signed by the party waiving compliance. This Petition may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one instrument.

10. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court or appropriate recording authority:

1. Declare and adjudicate the property described above to be Petitioner’s homestead;
2. Authorize the recording or acceptance for record of a declaration of homestead or an appropriate order reflecting such declaration;
3. Provide such further relief as may be just and proper under the circumstances.

ADDITIONAL STATEMENTS

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