LEGISLATIVE COUNSEL'S DIGEST


AB 1046, as amended, Anderson. Enforcement of judgments:
exemptions: homesteads.
Existing law provides that a specified portion of equity in a
homestead, as defined, is exempt from execution to satisfy a judgment
debt. Existing law provides a base exemption of $50,000, an
exemption of $75,000 if the judgment debtor or his or her spouse who
resides in the homestead is, at the time of the sale, a member of a
family unit, and one member of the family unit is without an
interest, or with only a limited interest, as specified, in the
homestead, and an exemption of $150,000 if the judgment debtor or the
spouse of the judgment debtor who resides in the homestead is, at
the time of the sale, 65 years of age or older, disabled, or 55 years
of age or older with a limited income, as specified.
Existing law requires the Judicial Council to adjust specified
exemptions from execution at 3-year intervals based on the change in
the annual California Consumer Price Index for All Urban Consumers,
and to publish a list of the current dollar amounts of those
exemptions, as specified.
This bill would increase the homestead exemptions described above
to $75,000, $100,000, and $175,000, respectively. The bill would
require the Judicial Council to determine, on or before April 1,
2010, and at each 3-year interval ending on April 1 thereafter, to
submit to the Legislature the amount by which the dollar amounts of
the exemptions applicable to that exempt property may be increased
based on the change in the annual California Consumer Price Index for
All Urban Consumers. The bill would provide that those increases
shall not take effect unless they are approved by the Legislature.
The bill would require the Judicial Council to publish a list of the
current dollar amounts of those exemptions.