California Code of Civil Procedure

§ 704.720

CCP § 704.720 Effective Jan 1, 2008Div. 2 · Title 9 · Part 2 · Ch. 4 · Art. 4

Statute text

(a)A homestead is exempt from sale under this division to the extent provided in Section 704.800.

(b)If a homestead is sold under this division or is damaged or destroyed or is acquired for public use, the proceeds of sale or of insurance or other indemnification for damage or destruction of the homestead or the proceeds received as compensation for a homestead acquired for public use are exempt in the amount of the homestead exemption provided in Section 704.730. The proceeds are exempt for a period of six months after the time the proceeds are actually received by the judgment debtor, except that, if a homestead exemption is applied to other property of the judgment debtor or the judgment debtor’s spouse during that period, the proceeds thereafter are not exempt.

(c)If the judgment debtor and spouse of the judgment debtor reside in separate homesteads, only the homestead of one of the spouses is exempt and only the proceeds of the exempt homestead are exempt.

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Legislative history

Amended by Stats. 2007, Ch. 153, Sec. 1. Effective January 1, 2008.