Section § 704.710

Explanation

This section defines important terms related to housing and family for legal purposes. 'Dwelling' is anywhere someone lives and can include houses, mobile homes, boats, condos, and more. A 'family unit' is the person owing money, possibly their spouse, and others they care for like children or elderly relatives. 'Homestead' is the main residence of the person or their spouse when a creditor puts a lien on it, and they must continue living there until the court confirms it's a homestead. The term 'spouse' excludes someone legally separated unless they still live together.

As used in this article:
(a)CA Civil Procedure Code § 704.710(a) “Dwelling” means a place where a person resides and may include but is not limited to the following:
(1)CA Civil Procedure Code § 704.710(a)(1) A house together with the outbuildings and the land upon which they are situated.
(2)CA Civil Procedure Code § 704.710(a)(2) A mobilehome together with the outbuildings and the land upon which they are situated.
(3)CA Civil Procedure Code § 704.710(a)(3) A boat or other waterborne vessel.
(4)CA Civil Procedure Code § 704.710(a)(4) A condominium, as defined in Section 783 of the Civil Code.
(5)CA Civil Procedure Code § 704.710(a)(5) A planned development, as defined in Section 11003 of the Business and Professions Code.
(6)CA Civil Procedure Code § 704.710(a)(6) A stock cooperative, as defined in Section 11003.2 of the Business and Professions Code.
(7)CA Civil Procedure Code § 704.710(a)(7) A community apartment project, as defined in Section 11004 of the Business and Professions Code.
(b)CA Civil Procedure Code § 704.710(b) “Family unit” means any of the following:
(1)CA Civil Procedure Code § 704.710(b)(1) The judgment debtor and the judgment debtor’s spouse if the spouses reside together in the homestead.
(2)CA Civil Procedure Code § 704.710(b)(2) The judgment debtor and at least one of the following persons who the judgment debtor cares for or maintains in the homestead:
(A)CA Civil Procedure Code § 704.710(b)(2)(A) The minor child or minor grandchild of the judgment debtor or the judgment debtor’s spouse or the minor child or grandchild of a deceased spouse or former spouse.
(B)CA Civil Procedure Code § 704.710(b)(2)(B) The minor brother or sister of the judgment debtor or judgment debtor’s spouse or the minor child of a deceased brother or sister of either spouse.
(C)CA Civil Procedure Code § 704.710(b)(2)(C) The father, mother, grandfather, or grandmother of the judgment debtor or the judgment debtor’s spouse or the father, mother, grandfather, or grandmother of a deceased spouse.
(D)CA Civil Procedure Code § 704.710(b)(2)(D) An unmarried relative described in this paragraph who has attained the age of majority and is unable to take care of or support himself or herself.
(3)CA Civil Procedure Code § 704.710(b)(3) The judgment debtor’s spouse and at least one of the persons listed in paragraph (2) who the judgment debtor’s spouse cares for or maintains in the homestead.
(c)CA Civil Procedure Code § 704.710(c) “Homestead” means the principal dwelling (1) in which the judgment debtor or the judgment debtor’s spouse resided on the date the judgment creditor’s lien attached to the dwelling, and (2) in which the judgment debtor or the judgment debtor’s spouse resided continuously thereafter until the date of the court determination that the dwelling is a homestead. Where exempt proceeds from the sale or damage or destruction of a homestead are used toward the acquisition of a dwelling within the six-month period provided by Section 704.720, “homestead” also means the dwelling so acquired if it is the principal dwelling in which the judgment debtor or the judgment debtor’s spouse resided continuously from the date of acquisition until the date of the court determination that the dwelling is a homestead, whether or not an abstract or certified copy of a judgment was recorded to create a judgment lien before the dwelling was acquired.
(d)CA Civil Procedure Code § 704.710(d) “Spouse” does not include a married person following entry of a judgment decreeing legal separation of the parties, unless such married persons reside together in the same dwelling.

Section § 704.720

Explanation

This law deals with protecting a person's home, or 'homestead,' from being sold to pay off debts. If the home is sold or damaged, the money from that sale or insurance can be protected for six months, unless it's used for something else during that time. If a married couple lives in different homes, only one home gets this protection. If a person is not living in their homestead, but their ex-spouse is, they still have some protection until legal proceedings finalize property division. This protection doesn't apply to more than one home.

(a)CA Civil Procedure Code § 704.720(a) A homestead is exempt from sale under this division to the extent provided in Section 704.800.
(b)CA Civil Procedure Code § 704.720(b) If a homestead is sold under this division or is damaged or destroyed or is acquired for public use, the proceeds of sale or of insurance or other indemnification for damage or destruction of the homestead or the proceeds received as compensation for a homestead acquired for public use are exempt in the amount of the homestead exemption provided in Section 704.730. The proceeds are exempt for a period of six months after the time the proceeds are actually received by the judgment debtor, except that, if a homestead exemption is applied to other property of the judgment debtor or the judgment debtor’s spouse during that period, the proceeds thereafter are not exempt.
(c)CA Civil Procedure Code § 704.720(c) If the judgment debtor and spouse of the judgment debtor reside in separate homesteads, only the homestead of one of the spouses is exempt and only the proceeds of the exempt homestead are exempt.
(d)CA Civil Procedure Code § 704.720(d) If a judgment debtor is not currently residing in the homestead, but his or her separated or former spouse continues to reside in or exercise control over possession of the homestead, that judgment debtor continues to be entitled to an exemption under this article until entry of judgment or other legally enforceable agreement dividing the community property between the judgment debtor and the separated or former spouse, or until a later time period as specified by court order. Nothing in this subdivision shall entitle the judgment debtor to more than one exempt homestead. Notwithstanding subdivision (d) of Section 704.710, for purposes of this article, “spouse” may include a separated or former spouse consistent with this subdivision.

Section § 704.730

Explanation

This law lays out how much of a person's home is protected from creditors (a homestead exemption) if they fall into debt. You get the bigger amount between two options: the median sale price for a house in your county from last year, capped at $600,000, or $300,000 flat. Starting in 2022, these amounts will change yearly to account for inflation, based on a specific consumer price index.

(a)CA Civil Procedure Code § 704.730(a) The amount of the homestead exemption is the greater of the following:
(1)CA Civil Procedure Code § 704.730(a)(1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($600,000).
(2)CA Civil Procedure Code § 704.730(a)(2) Three hundred thousand dollars ($300,000).
(b)CA Civil Procedure Code § 704.730(b) The amounts specified in this section shall adjust annually for inflation, beginning on January 1, 2022, based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations, for the most recent one-year period ending on December 31 preceding the adjustment, with each adjusted amount rounded to the nearest twenty-five dollars ($25).

Section § 704.740

Explanation

If someone wants to sell a person's home to pay off a debt, they usually need a court order. But, if the home is a personal item or rented with less than two years left on the lease, they don't need a court order. Instead, exemption claims for such properties are handled under different rules.

(a)CA Civil Procedure Code § 704.740(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)CA Civil Procedure Code § 704.740(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)CA Civil Procedure Code § 704.740(b)(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)CA Civil Procedure Code § 704.740(b)(2) An exemption claim shall be made and determined as provided in Article 2 (commencing with Section 703.510).

Section § 704.750

Explanation

If someone's home is being taken by a court order (except certain cases), the officer handling this must inform the creditor who won the judgment. The creditor has 20 days to ask the court to sell the house. If they don't do this in time, the house will be returned to the owner. If the house is in a different county, the creditor must apply in the county where the house is. They also need to file certain documents and pay a fee to proceed.

(a)CA Civil Procedure Code § 704.750(a) Promptly after a dwelling is levied upon (other than a dwelling described in subdivision (b) of Section 704.740), the levying officer shall serve notice on the judgment creditor that the levy has been made and that the property will be released unless the judgment creditor complies with the requirements of this section. Service shall be made personally or by mail. Within 20 days after service of the notice, the judgment creditor shall apply to the court for an order for sale of the dwelling and shall file a copy of the application with the levying officer. If the judgment creditor does not file the copy of the application for an order for sale of the dwelling within the allowed time, the levying officer shall release the dwelling.
(b)CA Civil Procedure Code § 704.750(b) If the dwelling is located in a county other than the county where the judgment was entered:
(1)CA Civil Procedure Code § 704.750(b)(1) The judgment creditor shall apply to the superior court of the county where the dwelling is located.
(2)CA Civil Procedure Code § 704.750(b)(2) The judgment creditor shall file with the application an abstract of judgment in the form prescribed by Section 674 or, in the case of a judgment described in Section 697.320, a certified copy of the judgment.
(3)CA Civil Procedure Code § 704.750(b)(3) The judgment creditor shall pay the filing fee for a motion as provided in subdivision (a) of Section 70617 of the Government Code.

Section § 704.760

Explanation

When a creditor wants to claim a debtor's property, their request must be detailed and sworn under oath. They need to describe the home and include specific information: whether there are property tax exemptions due to home ownership or military service, and who claimed them; whether the home is considered a homestead, what exemption applies, and if there's any homestead declaration on record; details of any debts the home is tied to, including the names and addresses of those owed; and whether the creditor's claim relates to debt incurred from personal use, and if so, whether that debt is tied to the debtor's main residence, along with all applicable exemptions or exceptions.

The judgment creditor’s application shall be made under oath, shall describe the dwelling, and shall contain all of the following:
(a)CA Civil Procedure Code § 704.760(a) A statement whether or not the records of the county tax assessor indicate that there is a current homeowner’s exemption or disabled veteran’s exemption for the dwelling and the person or persons who claimed any such exemption.
(b)CA Civil Procedure Code § 704.760(b) A statement, which may be based on information and belief, whether the dwelling is a homestead and the amount of the homestead exemption, if any, and a statement whether or not the records of the county recorder indicate that a homestead declaration under Article 5 (commencing with Section 704.910) that describes the dwelling has been recorded by the judgment debtor or the spouse of the judgment debtor.
(c)CA Civil Procedure Code § 704.760(c) A statement of the amount of any liens or encumbrances on the dwelling, the name of each person having a lien or encumbrance on the dwelling, and the address of such person used by the county recorder for the return of the instrument creating such person’s lien or encumbrance after recording.
(d)CA Civil Procedure Code § 704.760(d) A statement that the judgment is based on a consumer debt, as defined in subdivision (a) of Section 699.730, or that the judgment is not based on a consumer debt, and if the judgment is based on a consumer debt, whether the judgment is based on a consumer debt that was secured by the debtor’s principal place of residence at the time it was incurred or a statement indicating which of the exemptions listed in subdivision (b) of Section 699.730 are applicable. If the statement indicates that paragraph (7) of subdivision (b) is applicable, the statement shall also provide the dollar amount of the original judgment on which the lien is based. If there is more than one basis, the statement shall indicate all bases that are applicable.

Section § 704.770

Explanation

This section explains what steps a judgment creditor must take when they want the court to order the sale of a debtor's property to satisfy a debt. First, the court will schedule a hearing within 45 days of the application to decide whether the sale should proceed. The creditor must notify the debtor about this hearing, as well as provide all related documents at least 30 days before the hearing. These documents must also be given to someone who lives at the debtor’s residence. If no one is home, the documents should be placed where they are easy to see.

(a)CA Civil Procedure Code § 704.770(a) Upon the filing of the application by the judgment creditor, the court shall set a time and place for hearing and order the judgment debtor to show cause why an order for sale should not be made in accordance with the application. The time set for hearing shall be not later than 45 days after the application is filed or such later time as the court orders upon a showing of good cause.
(b)CA Civil Procedure Code § 704.770(b) Not later than 30 days before the time set for hearing, the judgment creditor shall do both of the following:
(1)CA Civil Procedure Code § 704.770(b)(1) Serve on the judgment debtor a copy of the order to show cause, a copy of the application of the judgment creditor, and a copy of the notice of the hearing in the form prescribed by the Judicial Council. Service shall be made personally or by mail.
(2)CA Civil Procedure Code § 704.770(b)(2) Personally serve a copy of each document listed in paragraph (1) on an occupant of the dwelling or, if there is no occupant present at the time service is attempted, post a copy of each document in a conspicuous place at the dwelling.

Section § 704.780

Explanation

This section explains how the court decides if a home can be protected as a 'homestead' when someone owes money (a judgment debtor). If tax records show a homeowner or disabled veteran exemption, the person owed money (judgment creditor) has to prove it's not a homestead. If there isn't an exemption, the homeowner has to prove that it is. The court then figures out if the home is exempt, its value, and how any sale proceeds are split among creditors. If a sale won't make enough money to cover the debt, the court might not order it. An appraiser can be hired to assess the home's value, with their fees set by the court.

(a)CA Civil Procedure Code § 704.780(a) The burden of proof at the hearing is determined in the following manner:
(1)CA Civil Procedure Code § 704.780(a)(1) If the records of the county tax assessor indicate that there is a current homeowner’s exemption or disabled veteran’s exemption for the dwelling claimed by the judgment debtor or the judgment debtor’s spouse, the judgment creditor has the burden of proof that the dwelling is not a homestead. If the records of the county tax assessor indicate that there is not a current homeowner’s exemption or disabled veteran’s exemption for the dwelling claimed by the judgment debtor or the judgment debtor’s spouse, the burden of proof that the dwelling is a homestead is on the person who claims that the dwelling is a homestead.
(2)CA Civil Procedure Code § 704.780(a)(2) If the application states the amount of the homestead exemption, the person claiming the homestead exemption has the burden of proof that the amount of the exemption is other than the amount stated in the application.
(b)CA Civil Procedure Code § 704.780(b) The court shall determine whether the dwelling is exempt. If the court determines that the dwelling is exempt, the court shall determine the amount of the homestead exemption and the fair market value of the dwelling. The court shall make an order for sale of the dwelling subject to the homestead exemption, unless the court determines that the sale of the dwelling would not be likely to produce a bid sufficient to satisfy any part of the amount due on the judgment pursuant to Section 704.800. The order for sale of the dwelling subject to the homestead exemption shall specify the amount of the proceeds of the sale that is to be distributed to each person having a lien or encumbrance on the dwelling and shall include the name and address of each such person. Subject to the provisions of this article, the sale is governed by Article 6 (commencing with Section 701.510) of Chapter 3. If the court determines that the dwelling is not exempt, the court shall make an order for sale of the property in the manner provided in Article 6 (commencing with Section 701.510) of Chapter 3.
(c)CA Civil Procedure Code § 704.780(c) The court clerk shall transmit a certified copy of the court order (1) to the levying officer and (2) if the court making the order is not the court in which the judgment was entered, to the clerk of the court in which the judgment was entered.
(d)CA Civil Procedure Code § 704.780(d) The court may appoint a qualified appraiser to assist the court in determining the fair market value of the dwelling. If the court appoints an appraiser, the court shall fix the compensation of the appraiser in an amount determined by the court to be reasonable, not to exceed similar fees for similar services in the community where the dwelling is located.

Section § 704.790

Explanation

This section outlines what happens when a court orders the sale of a home and neither the homeowner (judgment debtor), their spouse, nor their lawyers are at the hearing. After the order, the creditor must inform the debtor and spouse about the sale order within 10 days. This notification can be done personally or by mail, and must also be visibly posted at the home if it's vacant. The creditor must file proof of this service with the court; otherwise, the house can't be sold under this order. If the debtor or their spouse later claims they missed the hearing due to a valid reason and wish to assert their right to a homestead exemption, they can file a declaration to potentially change the court's decision. The court will then schedule a new hearing to consider this within 20 days.

(a)CA Civil Procedure Code § 704.790(a) This section applies in any case where the court makes an order for sale of the dwelling upon a hearing at which none of the following appeared:
(1)CA Civil Procedure Code § 704.790(a)(1) The judgment debtor.
(2)CA Civil Procedure Code § 704.790(a)(2) The judgment debtor’s spouse.
(3)CA Civil Procedure Code § 704.790(a)(3) The attorney for the judgment debtor.
(4)CA Civil Procedure Code § 704.790(a)(4) The attorney for the judgment debtor’s spouse.
(b)CA Civil Procedure Code § 704.790(b) Not later than 10 days after the date of the order for sale, the judgment creditor shall serve a copy of the order and a notice of the order in the form prescribed by the Judicial Council:
(1)CA Civil Procedure Code § 704.790(b)(1) Personally or by mail on the judgment debtor and the judgment debtor’s spouse.
(2)CA Civil Procedure Code § 704.790(b)(2) Personally on an occupant of the dwelling or, if there is no occupant present at the time service is attempted, post a copy of the order and notice in a conspicuous place at the dwelling.
(c)CA Civil Procedure Code § 704.790(c) Proof of service and of any posting shall be filed with the court and with the levying officer. If the judgment creditor fails to comply with this subdivision and with subdivision (b) in any case where this section applies, the dwelling may not be sold under the order for sale.
(d)CA Civil Procedure Code § 704.790(d) If, within 10 days after service of notice of the order, the judgment debtor or the judgment debtor’s spouse files with the levying officer a declaration that the absence of the judgment debtor and the judgment debtor’s spouse or the attorney for the judgment debtor or the judgment debtor’s spouse from the hearing was due to mistake, inadvertence, surprise, or excusable neglect and that the judgment debtor or spouse of the judgment debtor wishes to assert the homestead exemption, the levying officer shall transmit the declaration forthwith to the court. Upon receipt of the declaration, the court shall set a time and place for hearing to determine whether the determinations of the court should be modified. The time set for hearing shall be not later than 20 days after receipt of the declaration. The court clerk shall cause notice of the hearing promptly to be given to the parties.

Section § 704.800

Explanation

If someone is selling a home through a court order and no one bids enough to cover the home's protected value (the homestead exemption) and any debts tied to the property, the home can't be sold and must be freed from the sale orders for a year. Also, if no one bids at least 90% of the home's fair market value, the home also can't be sold, unless the creditor convinces the court to either accept the highest bid that covers exemptions and debts, or approve a new sale order.

(a)CA Civil Procedure Code § 704.800(a) If no bid is received at a sale of a homestead pursuant to a court order for sale that exceeds the amount of the homestead exemption plus any additional amount necessary to satisfy all liens and encumbrances on the property, including but not limited to any attachment or judgment lien, the homestead shall not be sold and shall be released and is not thereafter subject to a court order for sale upon subsequent application by the same judgment creditor for a period of one year.
(b)CA Civil Procedure Code § 704.800(b) If no bid is received at the sale of a homestead pursuant to a court order for sale that is 90 percent or more of the fair market value determined pursuant to Section 704.780, the homestead shall not be sold unless the court, upon motion of the judgment creditor, does one of the following:
(1)CA Civil Procedure Code § 704.800(b)(1) Grants permission to accept the highest bid that exceeds the amount of the minimum bid required by subdivision (a).
(2)CA Civil Procedure Code § 704.800(b)(2) Makes a new order for sale of the homestead.

Section § 704.810

Explanation

This law states that if a court orders the sale of a home that has a mortgage or other type of debt attached (called a lien or encumbrance), merely starting this legal process doesn't mean that the debt becomes immediately due, even if the loan agreement says otherwise. Also, if the home is sold, the debt owed won't include any extra fees for paying off the debt early.

Levy on a homestead that is subject to a lien or encumbrance is not by itself grounds for acceleration of the obligation secured by the lien or encumbrance, notwithstanding any provision of the obligation, lien, or encumbrance and if the homestead is sold pursuant to court order under this article the amount payable to satisfy a lien or encumbrance shall not include any penalty for prepayment.

Section § 704.820

Explanation
If someone owes money and has a share in a home, but not full ownership, only their share can be sold to pay the debt. When there are multiple people owing the creditor and sharing the home, all their shares can be sold as one. Each person who has the legal right to keep a certain amount of their home value safe from being taken (homestead exemption) can apply this protection to their own share. In this law, terms like 'dwelling' or 'homestead' refer specifically to the owner's share or interest in the property, not the whole property itself.
If the dwelling is owned by the judgment debtor as a joint tenant or tenant in common or if the interest of the judgment debtor in the dwelling is a leasehold or other interest less than a fee interest:
(a)CA Civil Procedure Code § 704.820(a) At an execution sale of a dwelling, the interest of the judgment debtor in the dwelling and not the dwelling shall be sold. If there is more than one judgment debtor of the judgment creditor, the interests of the judgment debtors in the dwelling shall be sold together and each of the judgment debtors entitled to a homestead exemption is entitled to apply his or her exemption to his or her own interest.
(b)CA Civil Procedure Code § 704.820(b)  For the purposes of this section, all references in this article to the “dwelling” or “homestead” are deemed to be references to the interest of the judgment debtor in the dwelling or homestead.

Section § 704.830

Explanation

This section states that the rules and procedures outlined in Sections 703.590 and 703.600 are applicable to any legal processes that fall under the article this section is part of.

The provisions of Sections 703.590 and 703.600 apply to proceedings under this article.

Section § 704.840

Explanation

If someone is trying to collect a debt and has to go through legal proceedings to sell a person's homestead, they can typically get their costs covered. But if the sale of the house doesn't attract bids higher than what the homeowner can legally keep protected, plus enough to pay off any other debts on the home, then the creditor cannot claim those costs back.

(a)CA Civil Procedure Code § 704.840(a) Except as provided in subdivision (b), the judgment creditor is entitled to recover reasonable costs incurred in a proceeding under this article.
(b)CA Civil Procedure Code § 704.840(b) If no bid is received at a sale of a homestead pursuant to a court order for sale that exceeds the amount of the homestead exemption plus any additional amount necessary to satisfy all liens and encumbrances on the property, the judgment creditor is not entitled to recover costs incurred in a proceeding under this article or costs of sale.

Section § 704.850

Explanation

This section explains how money from the sale of a home (a homestead) is divided up. First, it goes to pay off any debts or claims on the property. Next, any relevant exemptions for the homeowner are paid. Then, the officer handling the sale gets reimbursed for their costs. After that, the money goes to the creditor to cover costs, interest, and the judgment debt itself. Finally, any leftover money goes back to the homeowner. Also, certain other rules about handling money from a sale apply to this process.

(a)CA Civil Procedure Code § 704.850(a) The levying officer shall distribute the proceeds of sale of a homestead in the following order:
(1)CA Civil Procedure Code § 704.850(a)(1) To the discharge of all liens and encumbrances, if any, on the property.
(2)CA Civil Procedure Code § 704.850(a)(2) To the judgment debtor in the amount of any applicable exemption of proceeds pursuant to Section 704.720.
(3)CA Civil Procedure Code § 704.850(a)(3) To the levying officer for the reimbursement of the levying officer’s costs for which an advance has not been made.
(4)CA Civil Procedure Code § 704.850(a)(4) To the judgment creditor to satisfy the following:
(A)CA Civil Procedure Code § 704.850(a)(4)(A) First, costs and interest accruing after issuance of the writ pursuant to which the sale is conducted.
(B)CA Civil Procedure Code § 704.850(a)(4)(B) Second, the amount due on the judgment with costs and interest, as entered on the writ.
(5)CA Civil Procedure Code § 704.850(a)(5) To the judgment debtor in the amount remaining.
(b)CA Civil Procedure Code § 704.850(b) Sections 701.820 and 701.830 apply to distribution of proceeds under this section.