Code of Civil Procedure §704.720
Current law provides a homestead exemption for judgment debtors (homeowners) and governs the amount exempt, the duration of the exemption and the circumstances in which the exemption is applicable.
If a judgment debtor (homeowner) is not residing in the homesteaded property but his former or separated spouse resides in or exercises control over the property, the judgment debtor is entitled to a homestead exemption on his equity in the property until the judgment debtor and spouse have entered into an enforceable agreement partitioning the community property between the parties, or until a later time period set by court order.
A judgment debtor is entitled to only one exempt homestead.
This is effective January 1, 2008.
