in some states this right is automatic; in CA it is discretionary this right is superior to the true title owner (the heirs or beneficiaries); like a statutory life estate for the surviving spouse in the house some states have limits of how much in the homestead is exempt from creditors; in CA - the amounts of money range between $50,000 to $125,000 depending on the family situation; renters get the raw end of the deal because they have no protection like this