California Code of Civil Procedure ARTICLE 4 - Homestead Exemption
- Section 704.710.
As used in this article:(a) “Dwelling” means a place where a person resides and may include but is not limited to the following:(1) A house together with...
- Section 704.720.
(a) A homestead is exempt from sale under this division to the extent provided in Section 704.800.(b) If a homestead is sold under this division or is...
- Section 704.730.
(a) The amount of the homestead exemption is one of the following:(1) Seventy-five thousand dollars ($75,000) unless the judgment debtor or spouse of the judgment debtor who...
- Section 704.740.
(a) Except as provided in subdivision (b), the interest of a natural person in a dwelling may not be sold under this division to enforce a...
- Section 704.750.
(a) Promptly after a dwelling is levied upon (other than a dwelling described in subdivision (b) of Section 704.740), the levying officer shall serve notice on...
- Section 704.760.
The judgment creditor’s application shall be made under oath, shall describe the dwelling, and shall contain all of the following:(a) A statement whether or not the...
- Section 704.770.
(a) Upon the filing of the application by the judgment creditor, the court shall set a time and place for hearing and order the judgment debtor...
- Section 704.780.
(a) The burden of proof at the hearing is determined in the following manner:(1) If the records of the county tax assessor indicate that there is a...
- Section 704.790.
(a) This section applies in any case where the court makes an order for sale of the dwelling upon a hearing at which none of the...
- Section 704.800.
(a) If no bid is received at a sale of a homestead pursuant to a court order for sale that exceeds the amount of the homestead...
- Section 704.810.
Levy on a homestead that is subject to a lien or encumbrance is not by itself grounds for acceleration of the obligation secured by the...
- Section 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...
- Section 704.830.
The provisions of Sections 703.590 and 703.600 apply to proceedings under this article.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by...
- Section 704.840.
(a) Except as provided in subdivision (b), the judgment creditor is entitled to recover reasonable costs incurred in a proceeding under this article.(b) If no bid is...
- Section 704.850.
(a) The levying officer shall distribute the proceeds of sale of a homestead in the following order:(1) To the discharge of all liens and encumbrances, if any,...
Last modified: October 22, 2018