BlackletterCalifornia law

Code of Civil Procedure § 704.940

ARTICLE 5. Declared Homesteads

Current as of September 28, 2026Code Civ. Proc., § 704.940Official source ↗

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

A homestead declaration does not restrict or limit any right to convey or encumber the declared homestead. A homestead declaration, when properly recorded, is prima facie evidence of the facts therein stated, and conclusive evidence thereof in favor of a purchaser or encumbrancer in good faith and for a valuable consideration.