(a) A declared homestead may be abandoned by a declaration of abandonment under this section, whether the homestead declaration was recorded pursuant to this article or pursuant to former Title 5 (commencing with former Section 1237) of Part 4 of Division 2 of the Civil Code.

(b) A declaration of abandonment shall be executed and acknowledged in the manner of an acknowledgment of a conveyance of real property. It shall be executed and acknowledged by a declared homestead owner or by a person authorized to act on behalf of a declared homestead owner. If it is executed and acknowledged by a person authorized to act on behalf of a declared homestead owner, the declaration shall contain a statement that the person has authority to act on behalf of the declared homestead owner and the source of the person’s authority.

Terms Used In California Code of Civil Procedure 704.980

  • 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

  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(c) The declaration of abandonment does not affect the declared homestead of any person other than the declared homestead owner named in the declaration of abandonment.

(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)

  Previous section
Next section  
 Article 5 Contents