As used in this article:
§ 704.910.Definitions
Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 5. Declared Homesteads · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 704.910 defines the terms used in the declared homestead article, including "declared homestead," "declared homestead owner," a "dwelling" limited to real property interests, and "homestead declaration," covering both current filings and pre-1983 declarations recorded under prior law.
Full Text of § 704.910
(a) "Declared homestead" means the dwelling described in a homestead declaration.
(b) "Declared homestead owner" includes both of the following:
(1) The owner of an interest in the declared homestead who is named as a declared homestead owner in a homestead declaration recorded pursuant to this article.
(2) The declarant named in a declaration of homestead recorded prior to July 1, 1983, pursuant to former Title 5 (commencing with Section 1237) of Part 4 of Division 2 of the Civil Code and the spouse of such declarant.
(c) "Dwelling" means any interest in real property (whether present or future, vested or contingent, legal or equitable) that is a "dwelling" as defined in Section 704.710, but does not include a leasehold estate with an unexpired term of less than two years or the interest of the beneficiary of a trust.
(d) "Homestead declaration" includes both of the following:
(1) A homestead declaration recorded pursuant to this article.
(2) A declaration of homestead recorded prior to July 1, 1983, pursuant to former Title 5 (commencing with former Section 1237) of Part 4 of Division 2 of the Civil Code.
Plain-English Summary
Article 5 sets up a separate, opt-in protection alongside the automatic homestead exemption in Article 4, and this section defines its vocabulary. A "declared homestead" is the dwelling described in a recorded homestead declaration. A "declared homestead owner" includes both someone named as such in a declaration recorded under this article, and a person who recorded a declaration before July 1, 1983, under the prior Civil Code homestead law, along with that person's spouse.
The "dwelling" definition here is narrower in one respect than § 704.710's: it covers any present or future, vested or contingent, legal or equitable interest in real property that otherwise fits the § 704.710 definition, but it excludes a leasehold with less than two years remaining and excludes a trust beneficiary's interest. That means the declared-homestead mechanism is built around real property interests, unlike the automatic exemption which can reach a boat or certain other personal property.
"Homestead declaration" covers declarations recorded under this article as well as declarations recorded before July 1, 1983, under the prior Civil Code provisions — so older filings keep their legal effect under the current law. "Spouse" carries the same meaning given to it in § 704.710.
Frequently Asked Questions
What is a "declared homestead"?
The dwelling described in a recorded homestead declaration under this article.
Does a declaration recorded before 1983 still count?
Yes. Section 704.910 folds in declarations recorded before July 1, 1983, under the prior Civil Code homestead law, along with the declarant and that person's spouse as declared homestead owners.
Can a declared homestead be a boat or other personal property, like the automatic exemption allows?
No. The "dwelling" definition for a declared homestead is limited to real property interests, and specifically excludes short-term leaseholds and a trust beneficiary's interest.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
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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