California Code of Civil Procedure 704.990 – (a) A declared homestead is abandoned by operation of law as to …
(a) A declared homestead is abandoned by operation of law as to a declared homestead owner if the declared homestead owner or a person authorized to act on behalf of the declared homestead owner executes, acknowledges, and records a new homestead declaration for the declared homestead owner on different property. An abandonment under this subdivision does not affect the declared homestead of any person other than the declared homestead owner named in the new homestead declaration.
(b) Notwithstanding subdivision (a), if a homestead declaration is recorded which includes property described in a previously recorded homestead declaration, to the extent that the prior homestead declaration is still valid, the new homestead declaration shall not be considered an abandonment of the prior declared homestead.
Terms Used In California Code of Civil Procedure 704.990
- 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
- Property: includes both personal and real property. See California Code of Civil Procedure 17
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)