California Code of Civil Procedure 704.995 – (a) The protection of the declared homestead from any creditor …
(a) The protection of the declared homestead from any creditor having an attachment lien, execution lien, or judgment lien on the dwelling continues after the death of the declared homestead owner if, at the time of the death, the dwelling was the principal dwelling of one or more of the following persons to whom all or part of the interest of the deceased declared homestead owner passes:
(1) The surviving spouse of the decedent.
Terms Used In California Code of Civil Procedure 704.995
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
- Decedent: A deceased person.
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- Spouse: means a "spouse" as defined in Section 704. See California Code of Civil Procedure 704.910
(2) A member of the family of the decedent.
(b) The protection of the declared homestead provided by subdivision (a) continues regardless of whether the decedent was the sole owner of the declared homestead or owned the declared homestead with the surviving spouse or a member of the decedent’s family and regardless of whether the surviving spouse or the member of the decedent’s family was a declared homestead owner at the time of the decedent’s death.
(c) The amount of the homestead exemption is determined pursuant to Section 704.730 depending on the circumstances of the case at the time the amount is required to be determined.
(Added by Stats. 1984, Ch. 538, Sec. 27.)