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Cal. Civ. Proc. Code § 704.990

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 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.

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