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§ 704.710.Definitions

Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 4. Homestead Exemption · Last amended 1984 · Last verified July 28, 2026

In one sentenceSection 704.710 defines the terms that govern California's automatic homestead exemption, spelling out what counts as a "dwelling," who belongs to a debtor's "family unit," what makes a residence a "homestead," and how "spouse" is treated after a legal separation.

Full Text of § 704.710

Text sizeJump to: (a) (b) (c) (d)

As used in this article:
(a) "Dwelling" means a place where a person resides and may include but is not limited to the following:
(1) A house together with the outbuildings and the land upon which they are situated.
(2) A mobilehome together with the outbuildings and the land upon which they are situated.
(3) A boat or other waterborne vessel.
(4) A condominium, as defined in Section 783 of the Civil Code.
(5) A planned development, as defined in Section 11003 of the Business and Professions Code.
(6) A stock cooperative, as defined in Section 11003.2 of the Business and Professions Code.
(7) A community apartment project, as defined in Section 11004 of the Business and Professions Code.
(b) "Family unit" means any of the following:
(1) The judgment debtor and the judgment debtor's spouse if the spouses reside together in the homestead.
(2) The judgment debtor and at least one of the following persons who the judgment debtor cares for or maintains in the homestead:
(A) The minor child or minor grandchild of the judgment debtor or the judgment debtor's spouse or the minor child or grandchild of a deceased spouse or former spouse.
(B) The minor brother or sister of the judgment debtor or judgment debtor's spouse or the minor child of a deceased brother or sister of either spouse.
(C) The father, mother, grandfather, or grandmother of the judgment debtor or the judgment debtor's spouse or the father, mother, grandfather, or grandmother of a deceased spouse.
(D) An unmarried relative described in this paragraph who has attained the age of majority and is unable to take care of or support himself or herself.
(3) The judgment debtor's spouse and at least one of the persons listed in paragraph (2) who the judgment debtor's spouse cares for or maintains in the homestead.
(c) "Homestead" means the principal dwelling (1) in which the judgment debtor or the judgment debtor's spouse resided on the date the judgment creditor's lien attached to the dwelling, and (2) in which the judgment debtor or the judgment debtor's spouse resided continuously thereafter until the date of the court determination that the dwelling is a homestead. Where exempt proceeds from the sale or damage or destruction of a homestead are used toward the acquisition of a dwelling within the six-month period provided by Section 704.720, "homestead" also means the dwelling so acquired if it is the principal dwelling in which the judgment debtor or the judgment debtor's spouse resided continuously from the date of acquisition until the date of the court determination that the dwelling is a homestead, whether or not an abstract or certified copy of a judgment was recorded to create a judgment lien before the dwelling was acquired.
(d) "Spouse" does not include a married person following entry of a judgment decreeing legal separation of the parties, unless such married persons reside together in the same dwelling.
End

Plain-English Summary

Before any dollar amount or procedure can matter, the law has to say what it's protecting. Section 704.710 does that work. A "dwelling" isn't limited to a single-family house — it reaches a mobilehome, a boat lived on as a residence, a condominium, a planned development, a stock cooperative, and a community apartment project, each together with the land and outbuildings that go with it.

The "family unit" definition matters because it can expand who benefits from a homestead beyond the debtor alone. It covers a debtor and a spouse who live together, and it also covers a debtor who cares for or maintains certain relatives in the home: minor children or grandchildren, minor siblings, parents or grandparents, and even an adult relative who cannot support themselves. A spouse gets the same ability to qualify a homestead through those relatives.

"Homestead" itself turns on residency, not ownership alone: it means the principal dwelling where the debtor or the debtor's spouse lived on the date a judgment lien attached, and continued living in until a court determines the property is a homestead. The definition also reaches forward — if exempt sale proceeds go toward a new home within the six-month window described in § 704.720, that new home can qualify as the homestead too. Finally, subdivision (d) narrows "spouse": once a legal separation judgment is entered, a person is no longer a "spouse" for these purposes unless the couple still lives together.

Frequently Asked Questions

Does California's homestead exemption only cover a house?

No. Section 704.710 defines "dwelling" broadly to include a house, a mobilehome, a boat or other vessel used as a residence, a condominium, a planned development, a stock cooperative, or a community apartment project, each with its land and outbuildings.

Can a homestead protect someone besides the debtor?

Yes. The "family unit" definition extends to a debtor's spouse and to certain relatives the debtor cares for or maintains in the home, including minor children, minor siblings, parents, grandparents, and some dependent adult relatives.

What makes a home a "homestead" under this article?

It has to be the principal dwelling where the debtor or the debtor's spouse resided when the judgment creditor's lien attached, and where one of them continued residing until a court determines it is a homestead.

Does a legally separated spouse still count as a "spouse" for homestead purposes?

Not automatically. Section 704.710(d) removes that status once a legal separation judgment is entered, unless the couple still resides together in the same dwelling.

Amendment History

Amended by Stats. 1983, Ch. 1159, Sec. 11. Operative July 1, 1984, by Sec. 17 of Ch. 1159.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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