Code Civ. Proc., § 704.740 · Article 4. Homestead Exemption

Code Civ. Proc., § 704.740

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

(a) Except as provided in subdivision (b), the interest of a natural person in a dwelling may not be sold under this division to enforce a money judgment except pursuant to a court order for sale obtained under this article and the dwelling exemption shall be determined under this article.

(b) If the dwelling is personal property or is real property in which the judgment debtor has a leasehold estate with an unexpired term of less than two years at the time of levy:

(1) A court order for sale is not required and the procedures provided in this article relating to the court order for sale do not apply.

(2) An exemption claim shall be made and determined as provided in Article 2 (commencing with Section 703.510).

Notes and commentary — not statutory text

History

Amended by Stats. 1984, Ch. 538, Sec. 26.

Source of truth

Edition: As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Official file: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=704.740.
Text hash: sha256 c4cf705c1c73bdeec0e7e87940caa255a3af8d28bcc44cbe2a207855e40d5ade
Composed by: compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section

This section cites

Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.

Code of Civil Procedure

Code Civ. Proc., pt. 2, tit. 9, div. 2, ch. 4, art. 2Procedure for Claiming Exemptions After LevyPrinted as Article 2 (commencing with Section 703.510)

Cited by 1 provision

Provisions in this library whose text cites Code Civ. Proc., § 704.740. Each shows the citation as that text prints it.

Code of Civil Procedure

Code Civ. Proc., § 704.750Printed as Section 704.740

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.