Amin

Faika Khazindar (Khazindar) appeals an order expunging a recorded homestead. The trial court held the homestead could not be asserted because it was barred by the doctrines of res judicata and collateral estoppel, relying on Krier v. Krier (1946) 28 Cal.2d 841 [ 172 P.2d 681 ]. Khazindar argues that Krier is inapplicable because in the instant case there was no homestead recorded at the time of trial and therefore the issue of her homestead could not have been asserted at that time, and further because her homestead declaration could not have been recorded until after trial was completed. We reject these arguments and affirm the trial court’s order.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

We recite the relevant facts, which are essentially undisputed. In February 1987, plaintiff Loula S. Amin (Amin) and Khazindar orally agreed to purchase, for investment, an interest in a long-term leasehold for a condominium in Marina Del Rey (the property). Amin and Khazindar held the property as tenants in common. In order to finance the transaction, Amin and Khazindar obtained a loan of approximately $374,654 secured by a deed of trust on the property. Amin also loaned Khazindar…