If a person files a Homestead declaration with the county (Santa Clara County), but the residential structure/trailer is not a permitted structure/trailer and there has never been any permit obtained to have any residence on the property (indeed, there is a Williamson Act contract on the property), what is the legitimacy of their Homestead claim - can a creditor have the Homestead invalidated on the basis of the property not legitimately allowed to have anyone residing on the property?
Answer
Only if they were not actually living there. If a homestead declaration is already recorded, the judgment creditor has the burden of proving that the debtor does not actually reside on the property.
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