2023 California Exemption Calculator California Homestead Exemption

 

How much of your home equity is protected if you file for bankruptcy in California?

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California residents saw a more generous homestead exemption as of January 1, 2021, when the standard Homestead exemption increased from $75,000 to a range from $300,000 to  $600,000, depending on your county. California exemption amounts are adjusted annually for inflation on April 1, so that amount as of April 1, 2023, is $339,196 to  $678,391, depending on your county.

LegalConsumer.com has added a California Exemption Calculator to help you quickly find what the exemption amount is in your county.

The new law states that the homestead exemption amount is based on the following:

  • the median county-wide sale price for a home
  • in the previous calendar year
  • But not less than $300,000 ($313,000)
  • and not more than $600,000 ($678,391).

The California Homestead calculator shows you the 2022 overall median sales price for every county in California based on available numbers from the California Realtors Association. The numbers you see in the calculator are based on the 12-month average of monthly median numbers for January 2022 through November 2022. 

County 2022 Average Max Exemption
Alameda $1,339,091 $678,391
Amador $419,427 $419,427
Butte $450,389 $450,389
Calaveras $475,214 $475,214
Contra-Costa $926,667 $678,391
Del Norte $379,073 $379,073
El Dorado $678,836 $678,391
Fresno $409,591 $409,591
Glenn $338,342 $338,342
Humboldt $450,800 $450,800
Kern $373,444 $373,444
Kings $337,295 $337,295
Lake $349,127 $349,127
Lassen $252,477 $252,477
Los Angeles $820,284 $678,391
Madera $413,545 $413,545
Marin $1,732,619 $626,000
Mariposa $439,995 $439,995
Mendocino $542,364 $542,364
Merced $390,125 $390,125
Mono $1,055,545 $678,391
Monterey $872,955 $678,391
Napa $1,022,636 $626,000
Nevada $565,409 $565,409
Orange $1,231,000 $678,391
Placer $681,016 $678,391
Plumas $416,318 $416,318
Riverside $615,002 $615,002
Sacramento $542,091 $542,091
San Benito $804,535 $678,391
San Bernardino $472,295 $472,295
San Diego $913,364 $678,391
San Francisco $1,794,545 $678,391
San Joaquin $525,849 $525,849
San Luis Obispo $877,727 $678,391
San Mateo $2,056,864 $678,391
Santa Barbara $1,040,682 $678,391
Santa Clara $1,774,409 $678,391
Santa Cruz $1,332,727 $678,391
Shasta $381,477 $381,477
Siskiyou $340,450 $340,450
Solano $598,957 $598,957
Sonoma $830,173 $678,391
Stanislaus $458,809 $458,809
Sutter $435,859 $435,859
Tehama $331,193 $331,193
Tulare $357,815 $357,815
Tuolumne $416,546 $416,546
Ventura $892,773 $678,391
Yolo $628,674 $678,391
Yuba $428,768 $428,768

 

Source: February home sales and price report - California Association of Realtors



Homestead Exemptions - State System
(State Law + Federal Non-Bankruptcy Law)

Homestead Exemption Under California Law

$339,196 to $678,391 depending on the county, and the median sale price for a home in prior calendar year.

2023 California Homestead Calculator (by County)

Amount Joint amount

$313,000 to $626,000 depending on county

$313,000 to $626,000 depending on county

California Exemption System 1

California Exemption System 2

NOTE: Residency Requirement Caps Maximum Homestead at $189,050 if you've recently moved to a State that allows more than that

Under the 2005 bankruptcy law, you must be have lived in the state for at least 40 months (3 years + 4 months) before you can claim any homestead protection greater than $189,050. (If your state's exemption offers less than this amount, the law is irrelevant to you.) .

Federal Non-Bankruptcy Homestead Exemptions

These are exemptions under federal law, but and are NOT part of the bankruptcy code list of exemptions in 522(d), so states cannot "opt out" from these exemptions. These exemptions available in every State ONLY IF you are using the state exemptions. You cannot use these exemptions if you are using the federal bankruptcy exemption scheme under § 522(d)

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Homestead Exemptions - Federal Bankruptcy Exemptions 
(Exemptions under 11 U.S.C. § 522(d) only)

Can California debtors use the Federal Bankruptcy exemptions instead of California exemptions?

No. Federal exemptions not available. Instead, California has two systems of exemptions, one of which ("C2") closely mirrors the federal scheme. Cal. Civ. Proc. Code § 703.130 

The Federal Bankruptcy Exemptions under 11 U.S.C. § 522(d) are available to you if

  • you haven't lived in any state longer than 180 days for a while,
  • or
  • if your state allows the Federal exemptions as a choice.



Jurisdictional relevance: ST

There are versions of this article for each State.



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