Whether or not a homestead declaration has been recorded:
§ 704.970.Effect Whether Or Not Homestead Declaration Recorded
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 704.970 clarifies that recording (or not recording) a homestead declaration doesn't affect a creditor's right to levy a writ of execution on a dwelling, and that any such levy and sale must still comply with Article 4's automatic-exemption procedures, with both sides retaining Article 4's rights.
Full Text of § 704.970
(a) Nothing in this article affects the right of levy pursuant to a writ of execution.
(b) Any levy pursuant to a writ of execution on a dwelling (as defined in Section 704.710) and the sale pursuant thereto shall be made in compliance with Article 4 (commencing with Section 704.710) and the judgment debtor and the judgment creditor shall have all the rights and benefits provided by that article.
Plain-English Summary
This section makes sure Article 5's declared-homestead mechanism doesn't accidentally erase Article 4's automatic protections, or vice versa. Whether or not a homestead declaration has ever been recorded, nothing in Article 5 affects a creditor's right to levy pursuant to a writ of execution.
But that levy right comes with strings attached: any levy on a dwelling (as § 704.710 defines it) and any sale that follows has to comply with Article 4's procedures — the notice, hearing, and minimum-bid protections in §§ 704.710 through 704.800. Both the debtor and the creditor keep all the rights and benefits that Article 4 provides, regardless of whether a declaration exists.
In practice, this confirms that a declared homestead adds protection on top of the automatic exemption — it doesn't replace Article 4's forced-sale procedure, and a debtor who never records a declaration still gets Article 4's full protections when a creditor tries to force a sale.
Frequently Asked Questions
Does recording a homestead declaration change how a creditor levies on the home?
No. Section 704.970 says nothing in this article affects the right of levy pursuant to a writ of execution, whether or not a declaration has been recorded.
If a creditor levies on a declared homestead, does Article 4's procedure still apply?
Yes. Any levy and sale of a dwelling must still comply with Article 4 (§§ 704.710-704.800), and both the debtor and creditor retain all rights that article provides.
Does a declared homestead replace the automatic exemption's forced-sale protections?
No. It adds protections beyond the automatic exemption but doesn't substitute for the notice, hearing, and minimum-bid rules Article 4 requires.
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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