Code of Civil Procedure section 704.940

A homestead declaration does not restrict or limit any right to convey or encumber the declared homestead. A homestead declaration, when properly recorded, is prima facie evidence of the facts therein stated, and conclusive evidence thereof in favor of a purchaser or encumbrancer in good faith and for a valuable consideration.

Source: Section 704.940, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=704.940. (updated Jul. 1, 1983; accessed Dec. 8, 2025).

704.910
704.920
704.930
704.940
704.950
704.960
704.965
704.970
704.980
704.990
704.995

Up to date

Verified:
Dec. 8, 2025

§ 704.940's source at ca.gov

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Location: https://california.public.law/codes/code_of_civil_procedure_section_704.940

Original Source: Section 704.940, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=704.940. (last accessed May 12, 2025).