A declaration of homestead makes your home off limits to creditors. But there are a few big exceptions:
1. Government Liens
All government liens–whether federal, state, or local–are exempt from your homestead protection. These include federal and state income tax liens as well as local real estate tax liens and assessments.
2. Alimony and Child Support
A probate court judge can issue a lien to enforce a judgment for alimony or child support payments. Such a lien is exempt from your declaration of homestead.
3. Pre-Existing Liens
You cannot protect yourself from pre-existing liens by recording a declaration of homestead. Therefore, it’s important that you have the title to a house examined before you buy it. Also, homeowners should record a declaration of homestead as soon as the can–preferably on the same day they purchase their real estate.
If you need legal help, please contact me at justin@jrmccarthy.com
Law Office of Justin R. McCarthy 