Code Civ. Proc., § 704.850 · Article 4. Homestead Exemption
Code Civ. Proc., § 704.850
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The levying officer shall distribute the proceeds of sale of a homestead in the following order:
(1) To the discharge of all liens and encumbrances, if any, on the property.
(2) To the judgment debtor in the amount of any applicable exemption of proceeds pursuant to Section 704.720.
(3) To the levying officer for the reimbursement of the levying officer’s costs for which an advance has not been made.
(4) To the judgment creditor to satisfy the following:
(A) First, costs and interest accruing after issuance of the writ pursuant to which the sale is conducted.
(B) Second, the amount due on the judgment with costs and interest, as entered on the writ.
(5) To the judgment debtor in the amount remaining.
(b) Sections 701.820 and 701.830 apply to distribution of proceeds under this section.
Notes and commentary — not statutory text
History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
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§ionNum=704.850.
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- sha256 2627f7cd9bf8d5e570a534de76522bcc0b1a514fe7a6dc4db54414d5b188a35d
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Code of Civil Procedure
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