2005 California Code of Civil Procedure Sections 704.910-704.995 Article 5. Declared Homesteads

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 in the declared homestead who is
named as a declared homestead owner in a homestead declaration
recorded pursuant to this article.
   (2) The declarant named in a declaration of homestead recorded
prior to July 1, 1983, pursuant to former Title 5 (commencing with
Section 1237) of Part 4 of Division 2 of the Civil Code and the
spouse of such declarant.
   (c) "Dwelling" means any interest in real property (whether
present or future, vested or contingent, legal or equitable) that is
a "dwelling" as defined in Section 704.710, but does not include a
leasehold estate with an unexpired term of less than two years or the
interest of the beneficiary of a trust.
   (d) "Homestead declaration" includes both of the following:
   (1) A homestead declaration recorded pursuant to this article.
   (2) A declaration of homestead recorded prior to July 1, 1983,
pursuant to former Title 5 (commencing with former Section 1237) of
Part 4 of Division 2 of the Civil Code.
   (e) "Spouse" means a "spouse" as defined in Section 704.710.
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 a homestead declaration in the office of the county
recorder of the county where the dwelling is located.  From and after
the time of recording, the dwelling is a declared homestead for the
purposes of this article.
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.  A husband and wife
both may be named as declared homestead owners in the same homestead
declaration if each owns an interest in the dwelling selected as the
declared homestead.
   (2) A description of the declared homestead.
   (3) A statement that the declared homestead is the principal
dwelling of the declared homestead owner or such person's spouse, and
that the declared homestead owner or such person's spouse resides in
the declared homestead on the date the homestead declaration is
recorded.
   (b) The homestead declaration shall be executed and acknowledged
in the manner of an acknowledgment of a conveyance of real property
by at least one of the following persons:
   (1) The declared homestead owner.
   (2) The spouse of the declared homestead owner.
   (3) The guardian or conservator of the person or estate of either
of the persons listed in paragraph (1) or (2).  The guardian or
conservator may execute, acknowledge, and record a homestead
declaration without the need to obtain court authorization.
   (4) A person acting under a power of attorney or otherwise
authorized to act on behalf of a person listed in paragraph (1) or
(2).
   (c) The homestead declaration shall include a statement that the
facts stated in the homestead declaration are known to be true as of
the personal knowledge of the person executing and acknowledging the
homestead declaration.  If the homestead declaration is executed and
acknowledged by a person listed in paragraph (3) or (4) of
subdivision (b), it shall also contain a statement that the person
has authority to so act on behalf of the declared homestead owner or
the spouse of the declared homestead owner and the source of the
person's authority.
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 facie evidence of the
facts therein stated, and conclusive evidence thereof in favor of a
purchaser or encumbrancer in good faith and for a valuable
consideration.
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 2 does not attach to a
declared homestead if both of the following requirements are
satisfied:
   (1) A homestead declaration describing the declared homestead was
recorded prior to the time the abstract or certified copy of the
judgment was recorded to create the judgment lien.
   (2) The homestead declaration names the judgment debtor or the
spouse of the judgment debtor as a declared homestead owner.
   (b) This section does not apply to a judgment lien created under
Section 697.320 by recording a certified copy of a judgment for
child, family, or spousal support.
   (c) A judgment lien attaches to a declared homestead in the amount
of any surplus over the total of the following:
   (1) All liens and encumbrances on the declared homestead at the
time the abstract of judgment or certified copy of the judgment is
recorded to create the judgment lien.
   (2) The homestead exemption set forth in Section 704.730.
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 months after the date of sale.
   (b) If the proceeds of a declared homestead are invested in a new
dwelling within six months after the date of a voluntary sale or
within six months after proceeds of an execution sale or of insurance
or other indemnification for damage or destruction are received, the
new dwelling may be selected as a declared homestead by recording a
homestead declaration within the applicable six-month period.  In
such case, the homestead declaration has the same effect as if it had
been recorded at the time the prior homestead declaration was
recorded.
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, the amount of the exemption for
the purposes of subdivision (c) of Section 704.950 and Section
704.960 is the increased amount, except that, if the judgment
creditor obtained a lien on the declared homestead prior to the
operative date of the amendment to Section 704.730, the exemption for
the purposes of subdivision (c) of Section 704.950 and Section
704.960 shall be determined as if that amendment to Section 704.730
had not been enacted.
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 to a writ of execution on a dwelling (as
defined in Section 704.710) and the sale pursuant thereto shall be
made in compliance with Article 4 (commencing with Section 704.710)
and the judgment debtor and the judgment creditor shall have all the
rights and benefits provided by that article.
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 pursuant to former Title 5
(commencing with former Section 1237) of Part 4 of Division 2 of the
Civil Code.
   (b) A declaration of abandonment shall be executed and
acknowledged in the manner of an acknowledgment of a conveyance of
real property.  It shall be executed and acknowledged by a declared
homestead owner or by a person authorized to act on behalf of a
declared homestead owner.  If it is executed and acknowledged by a
person authorized to act on behalf of a declared homestead owner, the
declaration shall contain a statement that the person has authority
to act on behalf of the declared homestead owner and the source of
the person's authority.
   (c) The declaration of abandonment does not affect the declared
homestead of any person other than the declared homestead owner named
in the declaration of abandonment.
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 act on behalf of the declared homestead owner
executes, acknowledges, and records a new homestead declaration for
the declared homestead owner on different property.  An abandonment
under this subdivision does not affect the declared homestead of any
person other than the declared homestead owner named in the new
homestead declaration.
   (b) Notwithstanding subdivision (a), if a homestead declaration is
recorded which includes property described in a previously recorded
homestead declaration, to the extent that the prior homestead
declaration is still valid, the new homestead declaration shall not
be considered an abandonment of the prior declared homestead.
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 of the declared homestead
owner if, at the time of the death, the dwelling was the principal
dwelling of one or more of the following persons to whom all or part
of the interest of the deceased declared homestead owner passes:
   (1) The surviving spouse of the decedent.
   (2) A member of the family of the decedent.
   (b) The protection of the declared homestead provided by
subdivision (a) continues regardless of whether the decedent was the
sole owner of the declared homestead or owned the declared homestead
with the surviving spouse or a member of the decedent's family and
regardless of whether the surviving spouse or the member of the
decedent's family was a declared homestead owner at the time of the
decedent's death.
   (c) The amount of the homestead exemption is determined pursuant
to Section 704.730 depending on the circumstances of the case at the
time the amount is required to be determined.