California Code of Civil Procedure

§ 704.780

CCP § 704.780 Effective Jul 31, 1995Div. 2 · Title 9 · Part 2 · Ch. 4 · Art. 4

Statute text

(a)The burden of proof at the hearing is determined in the following manner:

(1)If the records of the county tax assessor indicate that there is a current homeowner’s exemption or disabled veteran’s exemption for the dwelling claimed by the judgment debtor or the judgment debtor’s spouse, the judgment creditor has the burden of proof that the dwelling is not a homestead. If the records of the county tax assessor indicate that there is not a current homeowner’s exemption or disabled veteran’s exemption for the dwelling claimed by the judgment debtor or the judgment debtor’s spouse, the burden of proof that the dwelling is a homestead is on the person who claims that the dwelling is a homestead.

(2)If the application states the amount of the homestead exemption, the person claiming the homestead exemption has the burden of proof that the amount of the exemption is other than the amount stated in the application.

…

Legislative history

Amended by Stats. 1995, Ch. 196, Sec. 8. Effective July 31, 1995.