2012 California Codes
CCP - Code of Civil Procedure
PART 2 - OF CIVIL ACTIONS [307 - 1062.20]
CHAPTER 4 - Exemptions
ARTICLE 4 - Homestead Exemption
Section 704.740

CA Civ Pro Code § 704.740 (through 2013 Leg Sess) What's This?

(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 money judgment except pursuant to a court order for sale obtained under this article and the dwelling exemption shall be determined under this article.

(b) If the dwelling is personal property or is real property in which the judgment debtor has a leasehold estate with an unexpired term of less than two years at the time of levy:

(1) A court order for sale is not required and the procedures provided in this article relating to the court order for sale do not apply.

(2) An exemption claim shall be made and determined as provided in Article 2 (commencing with Section 703.510).

(Amended by Stats. 1984, Ch. 538, Sec. 26.)

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