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Cal. Civ. Proc. Code § 704.995

Declared Homesteads

Known as the Enforcement of Judgments Law

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

Applied in 2 court decisions — leading case Kelley v. Locke (In Re Kelley) (2003)

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

Added by Stats. 1984, Ch. 538, Sec. 27.

(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.

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