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Cal. Civ. Proc. Code § 704.980

Declared Homesteads

Known as the Enforcement of Judgments Law

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

Applied in 1 court decision — leading case Kelley v. Locke (In Re Kelley) (2003)

Most recently applied in Kelley v. Locke (In Re Kelley) (August 2003)

Added by Stats. 1982, Ch. 1364, Sec. 2

(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.

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