Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Requirements of the Homestead Act Land titles could also be purchased from the government for $1.25 per acre following six months of proven residency. Additional requirements included five years of continuous residence on the land, building a home on it, farming the land and making improvements.
Since the 1986 repeal, there has been no federal homesteading program in Alaska; the State of Alaska, however, created public land disposal programs starting with statehood in 1959. Initially, the state sold land primarily through auctions and then through land lotteries after 1978.
Who can file a Homestead protection? If you own and occupy (or intend to occupy) your home as a principal residence, you can file a homestead protection.
While the specifics can vary by state, generally, homestead exemptions are only available for an individual or family's primary residence. This means you cannot claim homestead exemptions in multiple states.
The State of Alaska no longer offers the homestead and homesite programs of the 1970s, 1980s, and 1990s that allowed people to “claim” land. As an alternative to these programs, DNR offers the Remote Recreational Cabin Sites Staking Program to Alaska residents. Homesteading on federal land is no longer available.
To protect the value of your property up to one million dollars ($1,000,000) per residence, per family, you must file a document called a “Declaration of Homestead”. You can file this form at the Registry of Deeds in the county or district where your property is located, referencing the title/deed to the property.
The property must be your primary residence. Vacation homes, investment properties, and second homes do not qualify. You must own the property and have an equity interest in it. This includes houses, condominiums, co-ops, and mobile homes.
The decision to homestead is a great one, but your success will largely depend on where you live. That's why it is so important to consider homestead-friendly states before you settle down. While homesteading is allowed in every state, some are more homestead-friendly than others.
Your domicile is the place you call home — this involves an element of intent as well as bodily presence. Your residence, however, is any place you may live. You may have more than one residence, but you can only have one domicile.
1. California. California has two systems for the homestead exemption. Under one system, homeowners can exempt up to $600,000 of equity in a house. In the other system, they can exempt up to $31,950 of home equity. Determining what you can access requires research and/or legal counsel.