§ 704.780.Burden of Proof; Determination By Court; Order of Sale

Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 4. Homestead Exemption · Last amended 1995 · Last verified July 28, 2026

In one sentenceSection 704.780 allocates the burden of proof at the homestead hearing based on assessor exemption records, requires the court to determine exemption status and fair market value, orders a sale subject to the exemption unless proceeds would be insufficient under § 704.800, and allows appointment of an appraiser.

Full Text of § 704.780

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

(a) The burden of proof at the hearing is determined in the following manner:

(1) If the records of the county tax assessor indicate that there is a current homeowner's exemption or disabled veteran's exemption for the dwelling claimed by the judgment debtor or the judgment debtor's spouse, the judgment creditor has the burden of proof that the dwelling is not a homestead. If the records of the county tax assessor indicate that there is not a current homeowner's exemption or disabled veteran's exemption for the dwelling claimed by the judgment debtor or the judgment debtor's spouse, the burden of proof that the dwelling is a homestead is on the person who claims that the dwelling is a homestead.

(2) If the application states the amount of the homestead exemption, the person claiming the homestead exemption has the burden of proof that the amount of the exemption is other than the amount stated in the application.

(b) The court shall determine whether the dwelling is exempt. If the court determines that the dwelling is exempt, the court shall determine the amount of the homestead exemption and the fair market value of the dwelling. The court shall make an order for sale of the dwelling subject to the homestead exemption, unless the court determines that the sale of the dwelling would not be likely to produce a bid sufficient to satisfy any part of the amount due on the judgment pursuant to Section 704.800. The order for sale of the dwelling subject to the homestead exemption shall specify the amount of the proceeds of the sale that is to be distributed to each person having a lien or encumbrance on the dwelling and shall include the name and address of each such person. Subject to the provisions of this article, the sale is governed by Article 6 (commencing with Section 701.510) of Chapter 3. If the court determines that the dwelling is not exempt, the court shall make an order for sale of the property in the manner provided in Article 6 (commencing with Section 701.510) of Chapter 3.

(c) The court clerk shall transmit a certified copy of the court order (1) to the levying officer and (2) if the court making the order is not the court in which the judgment was entered, to the clerk of the court in which the judgment was entered.

(d) The court may appoint a qualified appraiser to assist the court in determining the fair market value of the dwelling. If the court appoints an appraiser, the court shall fix the compensation of the appraiser in an amount determined by the court to be reasonable, not to exceed similar fees for similar services in the community where the dwelling is located.

End

Plain-English Summary

The hearing this section governs decides two things: is the dwelling exempt, and if so, by how much. Who has to prove what depends on the county tax assessor's records. If those records show a current homeowner's or disabled veteran's exemption claimed for the dwelling, the creditor bears the burden of proving the dwelling is not a homestead. If the records show no such exemption, the burden flips to whoever claims homestead status. Separately, if the creditor's application already stated a specific exemption amount, the person disputing that figure bears the burden of showing a different amount applies.

Once the court decides the dwelling is exempt, it must determine both the exemption amount and the dwelling's fair market value, then order a sale subject to that exemption — unless the sale wouldn't likely produce enough of a bid to satisfy any part of the judgment debt under § 704.800's minimum-bid rule, in which case no sale order issues on that basis. Any sale that does go forward follows the general execution-sale procedure in Article 6 (starting at § 701.510), and the order must specify how proceeds get distributed among lienholders, naming each one.

The court clerk sends a certified copy of the ruling to the levying officer, and to the court where judgment was entered if that's a different court. The court may also appoint a qualified appraiser to help value the home, fixing reasonable compensation that can't exceed what similar appraisal work costs in that community.

Frequently Asked Questions

Who has to prove whether a home is a homestead at this hearing?

It depends on assessor records. If a current homeowner's or disabled veteran's exemption is on record for the dwelling, the creditor must prove it isn't a homestead; if no such exemption is on record, the person claiming homestead status has the burden.

What does the court decide if it finds the dwelling exempt?

The court determines both the exemption amount and the dwelling's fair market value, then generally orders a sale subject to the exemption unless the minimum-bid rule in § 704.800 would make the sale pointless.

Can the court get help valuing the home?

Yes. The court may appoint a qualified appraiser and fix reasonable compensation, capped at what similar appraisal services cost in that community.

What if the creditor's application already stated an exemption amount?

Whoever disputes that stated amount has the burden of proving a different figure applies.

Amendment History

Amended by Stats. 1995, Ch. 196, Sec. 8. Effective July 31, 1995.

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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