Ortale

This is an appeal from an order allowing a debtor’s claim of homestead exemption to the proceeds of a sale of homestead property. Creditor contends that the trial court erred in not charging against the portion of the fund subject to the exemption real estate commissions payable upon the sale of the real property and in not thereby reducing the exempt portion of the fund by the amount of the commissions. The contention lacks merit.

On December 29, 1972, Shirley and William Mulhern recorded a declaration of homestead on their residence at 1719 La Mirada Drive in Santa Barbara. The residence was their community property. On November 13, 1974, Richard Ortale obtained a default judgment against William Mulhern in the amount of $9,200 plus interest of $697.67 and costs of $99.40. The judgment was filed of record.

Shirley filed an action to dissolve her marriage to William Mulhern in August of 1974. An interlocutoiy decree of March 4, 1975, awards the homesteaded property to Shirley Mulhern. Shirley sold the property through an escrow which closed on May 15, 1975. After payments on encumbrances on the property and various costs of sale, $24,550.18 remained in the escrow…