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Cal. Rules of Court, rule 704.940
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§ 704.940 A homestead declaration does not restrict or limit any right to convey or encumber the declared homestead.
Part 2: Of Civil Actions | Title 9: Enforcement of Judgments | Division 2: Enforcement of Money Judgments | Chapter 4: Exemptions | Article 5: Declared Homesteads
Rule Text
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.
Amendment history: Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.