California Code of Civil Procedure 704.930 – (a) A homestead declaration recorded pursuant to this article …
(a) A homestead declaration recorded pursuant to this article shall contain all of the following:
(1) The name of the declared homestead owner. Spouses both may be named as declared homestead owners in the same homestead declaration if each owns an interest in the dwelling selected as the declared homestead.
Terms Used In California Code of Civil Procedure 704.930
- 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
- Dwelling: means any interest in real property (whether present or future, vested or contingent, legal or equitable) that is a "dwelling" as defined in Section 704. See California Code of Civil Procedure 704.910
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- 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) A description of the declared homestead.
(3) A statement that the declared homestead is the principal dwelling of the declared homestead owner or such person‘s spouse, and that the declared homestead owner or such person’s spouse resides in the declared homestead on the date the homestead declaration is recorded.
(b) The homestead declaration shall be executed and acknowledged in the manner of an acknowledgment of a conveyance of real property by at least one of the following persons:
(1) The declared homestead owner.
(2) The spouse of the declared homestead owner.
(3) The guardian or conservator of the person or estate of either of the persons listed in paragraph (1) or (2). The guardian or conservator may execute, acknowledge, and record a homestead declaration without the need to obtain court authorization.
(4) A person acting under a power of attorney or otherwise authorized to act on behalf of a person listed in paragraph (1) or (2).
(c) The homestead declaration shall include a statement that the facts stated in the homestead declaration are known to be true as of the personal knowledge of the person executing and acknowledging the homestead declaration. If the homestead declaration is executed and acknowledged by a person listed in paragraph (3) or (4) of subdivision (b), it shall also contain a statement that the person has authority to so act on behalf of the declared homestead owner or the spouse of the declared homestead owner and the source of the person’s authority.
(Amended by Stats. 2016, Ch. 50, Sec. 17. (SB 1005) Effective January 1, 2017.)