California Code of Civil Procedure 704.950 – (a) Except as provided in subdivisions (b) and (c), a judgment …
(a) Except as provided in subdivisions (b) and (c), a judgment lien on real property created pursuant to Article 2 (commencing with Section 697.310) of Chapter 2 does not attach to a declared homestead if both of the following requirements are satisfied:
(1) A homestead declaration describing the declared homestead was recorded prior to the time the abstract or certified copy of the judgment was recorded to create the judgment lien.
Terms Used In California Code of Civil Procedure 704.950
- Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
- debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
- Declared homestead: means the dwelling described in a homestead declaration. See California Code of Civil Procedure 704.910
- Declared homestead owner: includes both of the following:
California Code of Civil Procedure 704.910
- Homestead declaration: includes both of the following:
California Code of Civil Procedure 704.910
- Lien: A claim against real or personal property in satisfaction of a debt.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Spouse: means a "spouse" as defined in Section 704. See California Code of Civil Procedure 704.910
(2) The homestead declaration names the judgment debtor or the spouse of the judgment debtor as a declared homestead owner.
(b) This section does not apply to a judgment lien created under Section 697.320 by recording a certified copy of a judgment for child, family, or spousal support.
(c) A judgment lien attaches to a declared homestead in the amount of any surplus over the total of the following:
(1) All liens and encumbrances on the declared homestead at the time the abstract of judgment or certified copy of the judgment is recorded to create the judgment lien.
(2) The homestead exemption set forth in Section 704.730.
(Amended by Stats. 1992, Ch. 163, Sec. 44. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)