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Cal. Civ. Proc. Code § 704.740

Homestead Exemption

Known as the Enforcement of Judgments Law

The act spans §§ 680–724 (467 sections).

Applied in 3 court decisions — leading case Wolfe v. Jacobson (2012)

Most recently applied in Wolfe v. Jacobson (April 2012)

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

How often courts cite this section

199420002010201210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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).

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.