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§ 703.020.Applicable to Natural Persons Only; Person Who May Claim

Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 1. General Provisions · Last amended 2015 · Last verified July 28, 2026

In one sentenceSection 703.020 limits the chapter's exemptions to property belonging to a natural person and lets the exemption be claimed by the judgment debtor, or, when community property is at stake, by the debtor's spouse or registered domestic partner even if that spouse or partner isn't named in the judgment.

Full Text of § 703.020

Text sizeJump to: (a) (b)

(a) The exemptions provided by this chapter apply only to property of a natural person.
(b) The exemptions provided in this chapter may be claimed by any of the following persons:
(1) In all cases, by the judgment debtor or a person acting on behalf of the judgment debtor.
(2) In the case of community property, by the spouse of the judgment debtor, whether or not the spouse is also a judgment debtor under the judgment.
(3) In the case of community property, by the domestic partner of the judgment debtor, as defined in Section 297 of the Family Code, whether or not the domestic partner is also a judgment debtor under the judgment.

Plain-English Summary

These exemptions protect people, not companies. Section 703.020(a) confines every exemption in this chapter to property owned by a natural person, so a corporation or other business entity facing a judgment can't claim any of them.

Subdivision (b) then says who gets to make the claim. The judgment debtor, or someone acting on the debtor's behalf, can always claim an exemption. When the property at issue is community property, the debtor's spouse can claim the exemption too — even if that spouse isn't a judgment debtor under the judgment being enforced. Since 2015, the same right extends to a registered domestic partner under Family Code § 297, again regardless of whether the partner is named in the judgment.

That reach matters because community property often belongs, in a real sense, to both partners even though only one is being sued. Letting the non-debtor spouse or partner step in to protect community exemptions keeps the exemption scheme from being defeated just because a creditor sued only one member of the couple.

Frequently Asked Questions

Can a corporation claim an exemption under this chapter?

No. Section 703.020(a) limits these exemptions to property of a natural person.

Who can claim an exemption besides the judgment debtor?

Anyone acting on the debtor's behalf can claim it, and for community property, the debtor's spouse or registered domestic partner can claim it too, even if not named as a judgment debtor.

Does a domestic partner have the same exemption rights as a spouse?

Yes, for community property. Section 703.020(b)(3), added in 2015, extends the same claiming right to a domestic partner as defined in Family Code § 297.

Amendment History

Amended by Stats 2014 ch 415 (AB 1945),s 1, eff. 1/1/2015.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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