California Code of Civil Procedure ARTICLE 5 - Declared Homesteads

  • Section 704.910.
    As used in this article:(a) “Declared homestead” means the dwelling described in a homestead declaration.(b) “Declared homestead owner” includes both of the following:(1) The owner of an interest...
  • Section 704.920.
    A dwelling in which an owner or spouse of an owner resides may be selected as a declared homestead pursuant to this article by recording...
  • Section 704.930.
    (a) A homestead declaration recorded pursuant to this article shall contain all of the following:(1) The name of the declared homestead owner. Spouses both may be named...
  • Section 704.940.
    A homestead declaration does not restrict or limit any right to convey or encumber the declared homestead. A homestead declaration, when properly recorded, is prima...
  • Section 704.950.
    (a) Except as provided in subdivisions (b) and (c), a judgment lien on real property created pursuant to Article 2 (commencing with Section 697.310) of Chapter...
  • Section 704.960.
    (a) If a declared homestead is voluntarily sold, the proceeds of sale are exempt in the amount provided by Section 704.730 for a period of six...
  • Section 704.965.
    If a homestead declaration is recorded prior to the operative date of an amendment to Section 704.730 which increases the amount of the homestead exemption,...
  • Section 704.970.
    Whether or not a homestead declaration has been recorded:(a) Nothing in this article affects the right of levy pursuant to a writ of execution.(b) Any levy pursuant...
  • Section 704.980.
    (a) A declared homestead may be abandoned by a declaration of abandonment under this section, whether the homestead declaration was recorded pursuant to this article or...
  • Section 704.990.
    (a) A declared homestead is abandoned by operation of law as to a declared homestead owner if the declared homestead owner or a person authorized to...
  • Section 704.995.
    (a) The protection of the declared homestead from any creditor having an attachment lien, execution lien, or judgment lien on the dwelling continues after the death...

Last modified: October 22, 2018