Your house still belongs to you when you go to jail, but the mortgage and tax bills keep coming while you are inside. If you are facing charges in California, you may be wondering what happens to your house when you go to jail and whether it will still be yours. A missed payment can start a foreclosure clock, and the case itself can reach the property through a bail bond, a forfeiture claim, or a protective order.
At Hurwitz Law Group, we treat your home as part of the defense, because keeping you out of custody protects more than your freedom. You can call our team before your next court date to talk through the risks to your home and the options that may reduce them.
Yes. An arrest or a jail sentence does not hand your home to the county, the state, or the court. For people sentenced to state prison, Penal Code 2601(a) expressly protects the right to inherit, own, sell, or convey real property.
What changes is your ability to manage it from custody, so someone else usually has to act for you.
Married homeowners face an added limit. Community real property is real estate the law treats as owned by both spouses. Under Family Code 1102, both spouses, personally or through an authorized agent, must sign to sell, mortgage, or lease it for more than 1 year.
Custody does not pause your monthly obligations, and lenders and landlords keep their own schedules.
In a nonjudicial foreclosure, the lender forces a sale without going to court but must follow legal steps. Under the court self-help guide to nonjudicial foreclosure, the servicer must first contact you about alternatives, and 30 days later the lender can record a Notice of Default. You then have 90 days to cure the missed payments.
After that, the lender can record a Notice of Sale and auction the home at least 21 days later. Together, those steps allow a sale in less than 5 months after the servicer first reaches out.
Under Penal Code 18.5, a misdemeanor punishable by up to 1 year carries up to 364 days in county jail. A maximum misdemeanor term is longer than that entire foreclosure timeline.
Under Code of Civil Procedure 1161, a landlord can serve a notice to pay rent or quit (move out) that gives you 3 days to pay, not counting weekends and court holidays.
Civil Code 1951.3 adds a second risk. Once rent has gone unpaid for at least 14 consecutive days, a landlord who reasonably believes you left can send a notice of belief of abandonment. The notice must give you at least 15 days if you receive it by hand, or 18 days if it is mailed.
The lease ends on that date unless you answer in writing, stating that you do not intend to abandon the unit and giving an address for service.
Some of the biggest threats to your house come from the criminal case itself, not the lender.
California law allows families to post a property bond, using real estate instead of cash. Under Penal Code 1298, the defendant or another person can pledge equity in real property they own. A magistrate holds a hearing on its value, and the equity must equal twice the cash bail amount.
That pledge carries real risk. A court order approving a property bond states that the property may be sold if the defendant misses court and forfeits the bond. Before anyone pledges a home, review how bail bonds work.
Forfeiture is the government’s process for taking property tied to a crime. Under California Health and Safety Code 11470(g), a home can be forfeited for how it was used only when its owner is convicted of a qualifying offense tied to that property. One example is maintaining a place for drug sales or use.
That subdivision also protects property used as a family residence or for other lawful purposes, or co-owned by someone who did not know about the unlawful use.
Federal cases work differently. Title 21, Section 881(a)(7) of the United States Code reaches real property used in any manner to commit or facilitate a federal drug offense punishable by more than 1 year in prison. Our drug crime defense starts by identifying which system applies.
A judge can issue a criminal protective order under Penal Code 136.2. The court explainer on criminal protective orders says the order can bar you from contacting or going near the protected person, and only the judge can change it.
If that person lives with you, the order can keep you out of your own house even when your name is on the deed. Through our criminal protective order defense work, we seek modified terms where the facts support them.
If you are ordered to repay losses, Penal Code 1202.4(i) makes that restitution order enforceable as if it were a civil judgment. Penal Code 1214(b) gives the person owed access to lien procedures to collect it. The court self-help guide to foreclosures warns that someone holding a court judgment may be able to foreclose on a home.
If a pending case threatens your home, call Hurwitz Law Group at (323) 244-4147 before your next hearing.
A power of attorney lets a trusted person, called your agent, handle your financial matters. Under Probate Code 4121, it must be dated, signed, and either notarized or signed by two qualified witnesses. Your agent can then sign where Family Code 1102 requires your participation.
Before a surrender date or sentencing, work through the following steps with someone you trust:
Handling these steps early puts notices in capable hands, and our guide to bank accounts and other property while incarcerated covers your other assets.
Protecting your house starts with keeping you home, beginning at arraignment, your first court appearance on the charges. Under Penal Code 1270(a), a person in custody at a misdemeanor arraignment is entitled to own recognizance release, meaning release without bail. The court can deny it only with a finding of a public safety or appearance risk on the record.
At sentencing, custody may not have to mean a cell. Where the county board of supervisors authorizes it, Penal Code 1203.016 lets people committed to county jail serve home detention instead of confinement, so we raise eligibility early.
At Hurwitz Law Group, our work to keep you home can include the following:
Each step serves one goal: Keeping you in the home you are working to protect.
Yes. Custody does not pause your mortgage, and a nonjudicial sale can come less than 5 months after the servicer first contacts you, so we recommend naming an agent before you report.
Not if it is community real property. Family Code 1102 requires both spouses, or an authorized agent, to sign any sale, mortgage, or lease longer than 1 year.
Under California’s drug forfeiture law, a home used for drug activity can be taken only after a qualifying conviction tied to that property, and family residences are protected. Federal cases follow broader rules, so we check which system applies.
Yes. Penal Code 1298 allows a property bond when your equity equals twice the bail, but the property may be sold if you forfeit the bond.
After 14 consecutive days of unpaid rent, your landlord can send an abandonment notice. A timely written reply stating you do not intend to abandon the unit, with an address for service, keeps the lease from ending that way.
Possibly. Penal Code 1203.016 lets counties that authorize it offer home detention instead of jail, and we ask about eligibility before sentencing.
Most people facing jail think about the courtroom first and the mortgage second, but the lender’s clock and the court’s clock run at the same time.
Attorney Brian Hurwitz has more than 10 years of criminal defense experience, and our clients have left more than 100 five-star reviews. We review the charges, release options, and any bail, forfeiture, or protective order issues that affect your property.
We are available 24/7, offer payment plans, and provide Spanish-language help. You will get a straight assessment of what the case could mean for your home.
If you want to know what happens to your house when you go to jail in California, call (323) 244-4147 or reach us through our contact page for a free case evaluation.
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