Frequently Asked Questions
General Questions
Q: Where
can I get a legal document?
A: A
stationary store, title company, or attorney’s office.
Q: What is
a Substitution of Trustee and Reconveyance?
A: A document
recorded to show that a Deed of Trust (Mortgage) has been paid in full.
Q: How can
I add/delete a name from property?
A: Complete
either a Grant Deed or Quitclaim Deed with the proper names and legal
description of the property.
Q: What if
an owner died?
A: If
ownership was held as joint tenants, record the form Affidavit Death of
Joint Tenant. If ownership was held in a trust, record the form
Death of Trustee. If ownership was held as a Life Estate, record the
form Death of Life Tenant.
If property was held as Community Property With Right of
Survivorship, record the form Death of Community Property Owner.
In each situation, also include the death certificate.
Q: How do
I order a copy of my birth/marriage certificate or a death certificate?
A: Please see
our section Birth/Death/Marriage Certificate Copies.
Q: Why
can't I view my birth/marriage or death certificate online?
A:
The California State Legislature has enacted laws to protect the citizens of California from identity theft. These
laws prohibit our office from displaying
Birth/Death/Marriage Certificate Copies
on the internet.
Q: How do
I get a marriage license?
A: Marriage
licenses are issued from 8:00 – 4:00. Please see our section
Marriage Licenses.
Homesteads
Q: What is
the homestead exemption?
A: This
exemption gives a debtor a minimum level of protection from attachment and
sale of his personal residence. It is a term for the exempt dollar
amount. It will not prevent a judgment debtor’s property from being sold,
but assures that a statutory dollar amount will go to the debtor instead
of to his creditors if the funds available come from the forced sale of
the dwelling.
Q: Who
can claim the exemption?
A: The
owner of property.
Q: What is
a “homestead”?
A: The
principal dwelling where the judgment debtor or his or her spouse resides.
Q: Is
there a dollar amount limitation on the homestead exemption?
A: The amount
is generally fifty thousand dollars ($50,000). There are two exceptions
to this limitation. The first is if the judgment debtor or spouse resides
in the “homestead” with another family member who has no ownership
interest. The exemption amount in this situation is seventy-five thousand
dollars ($75,000). The second exception is if the judgment debtor is
either: 1) over sixty-five years old; 2) physically or mentally disabled;
3) a single person over 55 years old with gross annual income of less than
fifteen thousand dollars ($15, 000); or 4) a married person 55 years old
with gross annual income of less than twenty-five thousand dollars
($25,000). The exemption amount for any of these situations is one
hundred twenty-five thousand dollars ($125,000).
Q: How can
I record a homestead?
A: You can
get the Declaration of Homestead form from a stationary store, title
company, or attorney’s office. The form needs to be notarized before
recording.
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