§ 694.090.Declaration of Homestead Made Under Prior Law

Before 1983, a homeowner could record a declaration of homestead under Title 5 (commencing with § 1237) of Part 4 of Division 2 of the Civil Code, gaining certain protections against enforcement. The Enforcement of Judgments Law replaced that scheme with its own homestead exemption provisions. Section 694.090 tells owners of a homestead declared under the old law what happened to it: on and after the operative date, that declaration is effective only to the extent Article 5 (commencing with § 704.910) of Chapter 4 of Division 2 provides.

In practical terms, a pre-1983 declared homestead didn't keep its full effect under the old Civil Code scheme once the new law took hold — it carried forward only as far as the new homestead exemption article recognizes it. Any homeowner relying on protection from a declaration made before the operative date needs to look to § 704.910 and the sections following it, not the old Civil Code provisions, to know what protection still remains.