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 704.820

If the dwelling is owned by the judgment debtor as a joint tenant or tenant in common or if the interest of the judgment debtor in the dwelling is a leasehold or other interest less than a fee interest:

(a) At an execution sale of a dwelling, the interest of the judgment debtor in the dwelling and not the dwelling shall be sold. If there is more than one judgment debtor of the judgment creditor, the interests of the judgment debtors in the dwelling shall be sold together and each of the judgment debtors entitled to a homestead exemption is entitled to apply his or her exemption to his or her own interest.

(b) For the purposes of this section, all references in this article to the “dwelling” or “homestead” are deemed to be references to the interest of the judgment debtor in the dwelling or homestead.

Notes

Requires an execution sale involving a jointly owned, commonly owned, leasehold, or other less-than-fee dwelling interest to sell the judgment debtor’s interest rather than the dwelling itself. Multiple judgment debtors’ interests are sold together, and each debtor may apply a homestead exemption only to that debtor’s interest; references to the dwelling or homestead mean that interest.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 704.820 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-9/division-2/chapter-4/article-4/section-704-820

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