704.820. If the dwelling is owned by the judgment debtor as a joint tenant or tenant in common or if the interest of the judgment debtor in the dwelling is a leasehold or other interest less than a fee interest:
(a) At an execution sale of a dwelling, the interest of the judgment debtor in the dwelling and not the dwelling shall be sold. If there is more than one judgment debtor of the judgment creditor, the interests of the judgment debtors in the dwelling shall be sold together and each of the judgment debtors entitled to a homestead exemption is entitled to apply his or her exemption to his or her own interest.
(b) For the purposes of this section, all references in this article to the dwelling or homestead are deemed to be references to the interest of the judgment debtor in the dwelling or homestead.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)Section: Previous 704.720 704.730 704.740 704.750 704.760 704.770 704.780 704.790 704.800 704.810 704.820 704.830 704.840 704.850 Next
Last modified: September 9, 2016