A homestead declaration does not restrict or limit any right to convey or encumber the declared homestead. A homestead declaration, when properly recorded, is prima facie evidence of the facts therein stated, and conclusive evidence thereof in favor of a purchaser or encumbrancer in good faith and for a valuable consideration.

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

Terms Used In California Code of Civil Procedure 704.940

  • Declared homestead: means the dwelling described in a homestead declaration. See California Code of Civil Procedure 704.910
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Homestead declaration: includes both of the following:

    California Code of Civil Procedure 704.910

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