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California Asset Protection Summary 

Homestead Exemption

California offers a homestead exemption ranging from $50,000 to $150,000 depending on the status of the individuals living in the homestead with the judgment debtor.  For an individual the exemption is $50,000; $75,000 for married couples.

To qualify for the $150,000 exemption the debtor or spouse, residing in the homestead, must be 65 years of age or older or physically or mentally disabled and unable to engage in gainful employment. If the debtor is 55 years of age or older with a gross annual income of not more than $15,000 or married with a combined gross annual income of not more than $20,000 the exemption is also $150,000.  To see this statute, please click here.

Life Insurance and Annuities

Unmatured life policies (including endowment and annuity policies) are exempt up to $9,700 for an individual and $19,400 for a married couple.  Beyond these amounts a money judgment is enforceable.  To see this statute, please click here.

Matured life policies (including endowment and annuity policies) are exempt to the extent reasonably necessary for the support of the judgment debtor, spouse, and dependents of the judgment debtor.  To see this statute, please click here.

Disability Insurance

Benefits from a disability or health insurance policy or program are exempt.  However, benefits paid or payable to cover the cost of health care if the judgment creditor is a provider of health care.  To see this statute, please click here.

IRA

ERISA qualified benefits are exempt to the extent reasonably necessary for support of the debtor and any dependent of the debtor.family.  §703.140(B)(10)(E) To see this statute, please click here.

Corporate Protections

Charging Orders*

*CA offers significant asset protection regarding charging orders.

A charging order will allow the creditor the right to receive the debtor’s distributions.  The creditor does not receive any voting or management rights.  To see the statute, please click here.

Business Acts*

*To view the California Code in its entirety click here

1.      California General Corporation Act

a.       To view this Act, Title 1 Division 1.

2.      California Non-Profit Corporation Law

a.       To view this Act, see Title 1 Division 2

3.      Non-Profit Mutual Benefit Corporations

a.       To view this Act, see Division 2 Part 3.

4.      Non-Profit Religious Corporations

a.       To view this Act, Division 2 Part 4.

5.      California Limited Liability Companies

a.       To view this Act, see Title 2.5.

6.      Uniform Limited Partnership Act (1994)

a.       To view this Act, see Chapter 2 Title 5.

7.      Uniform Partnership Act (2008)

a.       To view this Act, see Chapter 2 Title 5.5.

8.      Corporate Securities Law (1968)

a.       To view this Act, see Chapter 5 Title 4.

The Asset Protection Society makes every attempt to keep the material on its web-pages up to date and accurate. Having said that, The APS does not warrant the material on this site and you should ALWAYS seek out the advice of a local advisor in your state who can give you individual advice for your particular situation and confirm the status of your state laws.