California Family Code 4617 – (a) If the asset ordered to be deposited is real property, the …
(a) If the asset ordered to be deposited is real property, the order shall be certified as an abstract of judgment in accordance with Section 674 of the Code of Civil Procedure.
(b) A deposit of real property is made effective by recordation of the certified abstract with the county recorder.
Terms Used In California Family Code 4617
- Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- County: includes city and county. See California Family Code 67
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- order: include a decree, as appropriate under the circumstances. See California Family Code 100
- Property: includes real and personal property and any interest therein. See California Family Code 113
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) The deposited real property and the rights, benefits, and liabilities attached to that property shall continue in the possession of the legal owner.
(d) For purposes of Section 701.545 of the Code of Civil Procedure, the date of the issuance of the order to deposit assets shall be construed as the date notice of levy on an interest in real property was served on the judgment debtor.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)