California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 9 — Enforcement of Judgments, Division 2 — Enforcement of Money Judgments, Chapter 4 — Exemptions, Article 4 — Homestead Exemption, Section 704.740
(a) Except as provided in subdivision (b), the interest of a natural person in a dwelling may not be sold under this division to enforce a money judgment except pursuant to a court order for sale obtained under this article and the dwelling exemption shall be determined under this article.
(b) If the dwelling is personal property or is real property in which the judgment debtor has a leasehold estate with an unexpired term of less than two years at the time of levy:
(1) A court order for sale is not required and the procedures provided in this article relating to the court order for sale do not apply.
(2) An exemption claim shall be made and determined as provided in Article 2 (commencing with Section 703.510).
Notes
Requires a court order before a natural person’s dwelling may be sold to enforce a money judgment and directs the dwelling exemption to be determined under this article. No sale order is required for personal-property dwellings or leaseholds with less than two years remaining at levy; those use the ordinary exemption-claim procedure.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 704.740 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-9/division-2/chapter-4/article-4/section-704-740