The judgment creditor may apply to the court on noticed motion for an order applying to the satisfaction of a money judgment a contingent remainder, executory interest, or other interest of the judgment debtor in property that is not vested in the judgment debtor. The interest of the judgment debtor may be applied to the satisfaction of the money judgment by such means as the court, in its discretion, determines are proper to protect the interests of both the judgment debtor and judgment creditor, including but not limited to the imposition of a lien on or the sale of the judgment debtor's interest.
§ 709.020.Contingent Remainder Executory Interest Or Other Interest In Property Not Vested In Judgment Debtor
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 10. Other Enforcement Procedures · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 709.020 lets a creditor apply on noticed motion for an order applying a debtor's contingent remainder, executory interest, or other not-yet-vested property interest to a judgment, with the court choosing whatever means, including a lien or sale of the interest, it finds proper to protect both parties.
Full Text of § 709.020
Plain-English Summary
Some property interests have not vested yet, such as a contingent remainder that depends on someone else dying first, or an executory interest that depends on some future event. Section 709.020 lets a creditor reach these not-yet-vested interests even though the debtor cannot use or transfer them freely today.
The creditor applies on noticed motion, and the court has discretion over how to apply the interest to the judgment, including imposing a lien on it or ordering it sold. The statute directs the court to choose whatever means it finds proper to protect both the debtor and the creditor, recognizing that a not-yet-vested interest is harder to value and sell than property the debtor already owns outright.
Frequently Asked Questions
Can a creditor reach a debtor's contingent remainder or executory interest in property?
Yes, by applying to the court on noticed motion under § 709.020, even though the interest has not vested in the debtor.
How can the court apply this kind of interest to the judgment?
By whatever means it finds proper to protect both parties, including imposing a lien on the interest or ordering it sold.
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
Also known as: contingent remainder judgment enforcement californiaexecutory interest judgment debtor