§ 704.930.Information Contained In Declaration; Person Who Execute and Acknowledge; Statement of Truth of Facts

Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 5. Declared Homesteads · Last amended 2017 · Last verified July 28, 2026

In one sentenceSection 704.930 lists what a homestead declaration must contain -- the owner's name, a property description, and a statement that it's the owner's or spouse's principal residence -- and requires it be executed and acknowledged under penalty of perjury as to personal knowledge by the owner, spouse, or an authorized representative.

Full Text of § 704.930

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

(a) A homestead declaration recorded pursuant to this article shall contain all of the following:

(1) The name of the declared homestead owner. Spouses both may be named as declared homestead owners in the same homestead declaration if each owns an interest in the dwelling selected as the declared homestead.

(2) A description of the declared homestead.

(3) A statement that the declared homestead is the principal dwelling of the declared homestead owner or such person's spouse, and that the declared homestead owner or such person's spouse resides in the declared homestead on the date the homestead declaration is recorded.

(b) The homestead declaration shall be executed and acknowledged in the manner of an acknowledgment of a conveyance of real property by at least one of the following persons:

(1) The declared homestead owner.

(2) The spouse of the declared homestead owner.

(3) The guardian or conservator of the person or estate of either of the persons listed in paragraph (1) or (2). The guardian or conservator may execute, acknowledge, and record a homestead declaration without the need to obtain court authorization.

(4) A person acting under a power of attorney or otherwise authorized to act on behalf of a person listed in paragraph (1) or (2).

(c) The homestead declaration shall include a statement that the facts stated in the homestead declaration are known to be true as of the personal knowledge of the person executing and acknowledging the homestead declaration. If the homestead declaration is executed and acknowledged by a person listed in paragraph (3) or (4) of subdivision (b), it shall also contain a statement that the person has authority to so act on behalf of the declared homestead owner or the spouse of the declared homestead owner and the source of the person's authority.

End

Plain-English Summary

Recording a declaration isn't just filling in a form — this section spells out exactly what has to go into it. The declaration must name the declared homestead owner (both spouses can be named together if each owns an interest), describe the declared homestead, and state that the dwelling is the principal residence of the owner or the owner's spouse as of the recording date.

It also has to be executed and acknowledged the way a real property deed would be, by one of several people: the declared homestead owner, that owner's spouse, a guardian or conservator of either person (who can sign without needing separate court authorization), or someone acting under a power of attorney or other authority on their behalf.

Whoever signs has to state that the facts in the declaration are true to their personal knowledge. If a guardian, conservator, or attorney-in-fact signs instead of the owner or spouse directly, the declaration also has to say that person has authority to act and identify the source of that authority — a safeguard that keeps someone from recording a declaration on another person's behalf without a documented basis for doing so.

Frequently Asked Questions

What information must a homestead declaration contain?

The declared homestead owner's name, a description of the property, and a statement that it is the principal dwelling of the owner or the owner's spouse.

Who can sign a homestead declaration?

The declared homestead owner, that owner's spouse, a guardian or conservator of either, or a person acting under a power of attorney or other authority on their behalf.

Does a guardian need court permission to record a declaration?

No. Section 704.930(b)(3) lets a guardian or conservator execute, acknowledge, and record a homestead declaration without obtaining court authorization.

What must the declaration say if someone signs on behalf of the owner?

It must state that the signer has authority to act for the declared homestead owner or spouse and identify the source of that authority, in addition to affirming the facts are true to personal knowledge.

Amendment History

Amended by Stats 2016 ch 50 (SB 1005),s 17, eff. 1/1/2017.

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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