(a) A declared homestead may be abandoned by a declaration of abandonment under this section, whether the homestead declaration was recorded pursuant to this article or pursuant to former Title 5 (commencing with former Section 1237) of Part 4 of Division 2 of the Civil Code.
§ 704.980.Declaration of Abandonment of Homestead
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 704.980 lets a declared homestead owner abandon a declared homestead by recording a declaration of abandonment, executed and acknowledged like a property deed, that affects only the owner who signed it and not any other declared homestead owner's protection.
Full Text of § 704.980
(b) A declaration of abandonment shall be executed and acknowledged in the manner of an acknowledgment of a conveyance of real property. It shall be executed and acknowledged by a declared homestead owner or by a person authorized to act on behalf of a declared homestead owner. If it is executed and acknowledged by a person authorized to act on behalf of a declared homestead owner, the declaration shall contain a statement that the person has authority to act on behalf of the declared homestead owner and the source of the person's authority.
(c) The declaration of abandonment does not affect the declared homestead of any person other than the declared homestead owner named in the declaration of abandonment.
Plain-English Summary
A declared homestead isn't permanent unless the owner wants it to be. This section lets an owner give up the declared status voluntarily, whether the original declaration was recorded under this article or under the prior Civil Code homestead law that applied before July 1, 1983.
The declaration of abandonment has to be executed and acknowledged the same way a real property deed would be, signed either by a declared homestead owner or by someone authorized to act on that owner's behalf. If an authorized representative signs instead, the declaration has to state that authority and identify its source — the same safeguard § 704.930 requires for recording a declaration in the first place.
Abandonment is personal to the owner who records it. If a dwelling has more than one declared homestead owner, one owner's declaration of abandonment doesn't strip away the declared-homestead protection belonging to any other owner named in the original declaration.
Frequently Asked Questions
Can a declared homestead be undone?
Yes. Section 704.980 lets a declared homestead owner record a declaration of abandonment, whether the original declaration was recorded under this article or the prior Civil Code law.
Who can sign a declaration of abandonment?
A declared homestead owner, or a person authorized to act on that owner's behalf, in which case the declaration must state the authority and its source.
If a home has two declared homestead owners, does one person's abandonment affect the other?
No. A declaration of abandonment only affects the declared homestead of the owner named in that declaration, not any other declared homestead owner.
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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