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 5 — Declared Homesteads, 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.

Notes

Allows a declared homestead to be conveyed or encumbered without restriction from the homestead declaration. A properly recorded declaration is prima facie evidence of its stated facts and is conclusive evidence of those facts in favor of a good-faith purchaser or encumbrancer who gives valuable consideration.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 704.940 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-9/division-2/chapter-4/article-5/section-704-940

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