Statute · California Code of Civil Procedure

Cal. Civ. Proc. Code § 704.940 — Declared Homesteads

Cal. Civ. Proc. Code § 704.940

Type
Statute
Source
California Code of Civil Procedure
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

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…

Citator

Cal. Civ. Proc. Code § 704.940 — Declared Homesteads is in force in the current edition of the Code, and nothing recorded condemns it.

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.