ExemptionsHomestead Exemption
Section § 704.710
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.
Section § 704.720
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.
Section § 704.730
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.
Section § 704.740
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.
Section § 704.750
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.
Section § 704.760
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.
Section § 704.770
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.
Section § 704.780
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.
Section § 704.790
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.
Section § 704.800
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.
Section § 704.810
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.
Section § 704.820
Section § 704.830
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.
Section § 704.840
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.
Section § 704.850
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.