California Codes

Cal. Code of Civil Procedure § 704.910 (2026)

✓ current as of May 2026
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As used in this article:

(a)“Declared homestead” means the dwelling described in a homestead declaration.

(b)“Declared homestead owner” includes both of the following:

(1)The owner of an interest in the declared homestead who is named as a declared homestead owner in a homestead declaration recorded pursuant to this article.

(2)The declarant named in a declaration of homestead recorded prior to July 1, 1983, pursuant to former Title 5 (commencing with Section 1237) of Part 4 of Division 2 of the Civil Code and the spouse of such declarant.

(c)“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 704.710, but does not include a leasehold estate with an unexpired term of less than two years or the interest of the beneficiary of a trust.

(d)“Homestead declaration” includes both of the following:

(1)A homestead declaration recorded pursuant to this article.

(2)A declaration of homestead recorded prior to July 1, 1983, pursuant to former Title 5 (commencing with former Section 1237) of Part 4 of Division 2 of the Civil Code.

(e)“Spouse” means a “spouse” as defined in Section 704.710.