a. In General [§ 82] p 818 b. After Occupancy, Intent to Occupy, or Declaration [83] p 818 7. Change of Homestead [§§ 85-86] p 819 a. In General [§ 85] p 819 b. Right to Additional Homestead [§ 86] p 819 8. Evidence of Acquisition and Establishment [§§ 87-89] p 819 b. Presumptions and Burden of Proof [§ 88] p 819 c. Weight and Sufficiency [§ 89] p 820 D. Property Constituting Homestead [§§ 90-191] p 821 1. Nature and Character [§§ 90-C3] p 821 a. In General [§ 90] p 821 b. Rural or Urban Homestead [§ 91] p 821 c. Necessity of Use for Residential Purposes [92] p 823 d. Manner of Acquisition as Affecting Right to Homestead [§ 93] p 824 2. Amount and Extent [§§ 94-96] p 824 a. In General [§ 94] p 824 b. In City, Town, or Village [§ 95] p 825 c. Effect of Extension of Municipal Limits [§ 96] p 825 3. Value [§§ 97-102] p 826 a. In General [§ 97] p 826 b. Effect of Excess in Value [§ 98] p 826 c. Effect of Increase or Depreciation in Value [$$ 99-101] p 827 (2) Making Additions to Homestead [100] p 827 (3) Placing Improvements on Homestead [101] p 827 d. Determination of Value [§ 102] p 827 4. Form and Physical Characteristics [§§ 103-117] p 828 a. In General [§ 103] p 828 b. Government Subdivisions [§ 104] p 829 c. Adjoining Lots or Tracts [ 105-109] p 829 (2) Parcels Cornering on Each Other [§ 106] p 829 (3) Use in Connection with Homestead [§ 107] p 830 (4) Adjoining Land Leased to Others [§ 108] p 830 (5) Residence on Leased Land as Affecting Right [§ 109] p 830 d. Separate and Detached Parcels of Land [§§ 110-113] p 830 (1) In General [§ 110] p 830 (2) Use in Connection with Homestead [§ 111] p 831 (3) Lots or Tracts Leased to Others [§ 112] p 831 (4) Noncontiguous Parcels Lying within and without Limits of Municipality [113] p 831 e. Division of Lot or Tract by Highway, Street, or Alley, Railway, Stream of Water, Fence, or Garden [§ 114] p 832 f. Part of Lot, Tract, or Building [§ 115] p 832 g. Appurtenances [§ 116] p 832 h. Improvements, Additions, and Materials Therefor [§ 117] p 834 5. Rents and Profits of Homestead [§ 118] p 834 6. Products [§ 119] p 835 7. Proceeds of Voluntary Sale or Mortgage [§§ 120-128] p 835 a. In General [§ 120] p 835 b. Statutes Giving No Right of Exemption [§ 121] p 835 c. Statutes Giving Absolute Right of Exemption [§ 122] p 835 d. Statutes Giving Unconditional Protection for Designated Period [§ 123] p 835 e. Statutes Protecting Proceeds Intended to Be Reinvested in New Homestead [$ 124-126] p 836 (1) In General [§ 124] p 836 (2) Time of Forming Intention [ 125] p 836 (3) Time for Making Reinvestment [§ 126] p 836 f. Proceeds of Sale Given to Wife [§ 127] p 836 g. Voluntary Surrender to Assignee for Creditors [§ 128] p 837 8. Exchange of Homestead [§ 129] p 837 9. Proceeds of Involuntary Conversion [§§ 130-133] p 838 a. In General [§ 130] p 838 b. Proceeds of Insurance [§ 131] p 838 c. Judicial and Execution Sales of Homestead [§ 132] p 838 d. Judgment for Unlawful Sale, Trespass, or Injury [§ 133] p 839 10. Property Purchased with Proceeds of Sale [§§ 134-142] p 840 a. In General [§ 134] p 840 b. Homestead Sold in Foreign State [§ 135] p 841 c. Time for Making Reinvestment [§ 136] p 841 d. Intention in Selling Old Homestead [137] p 841 e. Declaration Recording Deed, Etc. [§ 138] p 841 f. Occupancy of New Homestead [§ 139] p 841 g. Vacant Property [§ 140] p 841 h. Limitation of Value for New Homestead [§ 141] p 842 i. Application of Surplus Proceeds [§ 142] p 842 11. Ownership, Estate, or Interest in Property [§§ 143-191] p 842 a. In General [§ 143] p 842 b. Estate Subject to Sale on Execution [§ 144] p 843 c. Possessory Interest [§§ 145-146] p 843 (1) Necessity [§ 145] p 843 (2) Sufficiency [§ 146] p 843 d. Equitable Estates and Interests [§§ 147-155] p 843 (1) In General [§ 147] p 844 (2) Equity of Redemption in Mortgaged Premises [§ 148] p 844 (b) Oral Contracts [§ 150] p 845 (c) Right to Possession [§ 151] p 845 (d) Purchase of Public Lands [§ 152] p 845 (e) Forfeiture or Abandonment of Contract [§ 153] p 845 (f) Payment of Price by Creditor [§ 154] p 845 (4) Title Taken in Another's Name [§ 155] p 845 e. Future or Contingent Estates [§ 156] p 846 f. Property Held by Different Titles [ 157] p 846 g. Life Estates [§ 158] p 846 h. Leasehold Estates [§§ 159-161] p 847 (1) In General [§ 159] p 847 (2) Occupancy by Both Lessor and Lessee [§ 160] p 847 (3) Stipulation against Use as Residence [161] p 847 i. Tenants at Will or by Sufferance [§ 162] p 847 j. Croppers [§ 163] p 848 k. Property Held in Joint Tenancy or by Tenants in Common [§§ 1632-170] p 848 (1) In General [§ 1632] p 848 (2) View That Homestead May Be Acquired [§§ 164-169] p 848 (a) In General [§ 164] p 848 (b) Exclusive Possession [§ 165] p 849 (c) Claim by Both Tenants [§ 166] p 849 (d) Interference with Rights of Cotenants [§ 167] p 849 (e) Partition between Cotenants [§ 168] p 849 (f) Extent of Right [§ 169] p 849 (3) View That Homestead Cannot Be Acquired [§ 170] p 849 1. Partnership Property [§§ 171-180] p 850 (1) In General [§ 171] p 850 (2) Claim after Payment of Partnership Debts [§ 172] p 851 (4) Claim as against Debt to Copartner [§ 174] p 851 (5) Title as Tenants in Common Only [§ 175] p 851 (6) Dissolution of Partnership [§ 176] p 851 (7) Conveyanaces between Partners [§ 177] p 851 (8) Business Homestead [§ 178] p 851 (9) Individual Property [§ 179] p 852 (10) Extent of Partner's Right of Exemption [§ 180] p 852 m. Property in Which Wife Has Title or Wife's Separate Estate [§ 181-185] p 852 (1) Husband's Right to Homestead [§ 181] p 852 (2) Wife's Right to Home tead [§§ 182-185] p 853 (a) In General [§ 182] p 853 (b) Wife Supporting Family [§ 183] p 853 (c) Deserted Wife [§ 184] p 853 For later cases, developments and changes in the law see cumulative Annotations, same title, page and note number. (d) Separation by Agreement [§ 185] p 853 n. Separate Tracts Owned by Husband and Wife [ 186] p 853 p. Property Held in Trust [§ 188] p 854 q. Property Acquired by Gift, Descent, or Devise [§ 189] p 854 r. Property Acquired by Adverse Possession [ 190] p. 855 s. Lands in Hands of Receiver or Agent Appointed by Court [§ 191] p 855 III. LIABILITIES ENFORCEABLE AGAINST HOMESTEAD [§§ 192-252] p 855 B. Liabilities Antedating Homestead Law [§§ 193-198] p 855 1. Contractual Liabilities [§§ 193-197] p 855 a. State Laws Creating or Increasing Exemption [§§ 193-195] p 855 b. Acts of Congress Creating or Increasing Exemption [§ 196] p 857 c. Laws Decreasing Exemption [§ 197] p 857 2. Liabilities Arising Out of Torts [§ 198] p 857 C. Liabilities Existing before Acquisition of Property [§§ 199-200] p 858 2. Property Acquired by Marriage, Gift, Descent, or Devise [200] p 859 D. Liabilities Changed in Form after Land Acquired [ 201] p 859 E. Liabilities Existing before Establishment of Homestead [§§ 202-208] p 859 2. Before Occupancy [203] p 860 3. Before Debtor Has Acquired Personal Homestead Status [§ 204] p 861 4. Before Filing of Declaration [ 205] p 861 5. Before Registration of Deed Conveying Homesteaad [§ 206] p 862 6. Before Selection or Setting Apart [§ 207] p 862 7. Mortgage or Conveyance as Security [§ 208] p 863 F. Debts Contracted Prior to Erection of Improvements [§ 209] p 863 G. Debts and Liens Prior to Change of Homestead [ 210] p 863 H. Debts or Obligations for Purchase Money [§§ 211-222] p 864 1. In General [§ 211] p 864 2. Obligations Secured by Vendor's Lien or Mortgage [§§ 212-215] p 864 a. In General [§ 212] p 864 b. Attorney's Fees Included in Vendor's Lien Notes [§ 213] p 865 c. Lands Descending to Widow and Children of Purchaser [§ 214] p 865 d. Effect of Waiver or Loss of Lien [§ 215] p 865 3. Unsecured Obligations [§ 216] p 865 4. Agreement to Pay Debt of Vendor to Third Person [§ 217] p 866 5. Purchase Price of Other Property [§ 218] p 866 6. Money Borrowed to Pay Purchase Price [§ 219] p 866 7. Payment Made by Third Person [§ 220] p 867 8. Change in Form of Debt or Taking of Security [§ 221] p 867 9. Transfer of Obligation [◊ 222] p 868 I. Liabilities for Improvement and Protection of Property [§§ 223-225] p 868 2. Wages and Materials [§ 224] p 869 3. Loans and Advances Used in Removing Encumbrances [§ 225] p 870 J. Debts Due to Government [§ 226] p 871 K. Judgments [§§ 227-229] p 871 1. In General [§ 227] p 871 2. Judgments for Alimony [228] p 873 3. Judgments for Torts [§ 229] p 874 L. Miscellaneous Claims Enforceable against Homestead [§§ 230-237] p 874 1. Costs and Attorney's Fees [§§ 230-231] p 874 a. In General [§ 230] p 874 b. In Suits for Preservation of Homestead Rights [§ 231] p 875 2. Debts Due for Necessaries [§ 232] p 875 3. Expenses of Last Illness and Funeral [§ 233] p 875 4. Debts Owed in Fiduciary Capacity [§ 234] p 875 5. Debts Contracted through False Representations [§ 235] p 876 6. Obligations Incurred in Raising Crops [§ 236] p 876 7. Allowance for Support of Abandoned Wife [§ 2362] p 876 8. Liabilities Enforceable against Business Homestead [§ 237] p 876 M. Time of Contracting Liability [§ 238] p 876 N. Proceedings for Enforcement of Claims [§§ 239-251] p 876 1. In General [§ 239] p 877 2. Waiver, Forfeiture, and Estoppel [§ 240] p 877 3. Joinder of Claims and Causes [§ 241] p 877 4. Exhausting Other Property Before Resorting to Homestead [§ 242] p 877 5. Jurisdiction [§ 243] p 879 8. Evidence [§ 246] p 880 9. Directing Verdict [§ 247] p 881 10. Judgment and Enforcement Thereof [§ 248] p 881 a. In General [§ 249] p 881 b. Allowance to Debtor [250] p 882 c. Investment of Proceeds [§ 251] p 882 O. Perfecting and Keeping Alive Liens [ 252] p 882 IV. TRANSFER OR ENCUMBRANCE [§§ 253-340] p 833 2. Conveyance Subject to Homestead Right [§ 254] p 884 B. Constitutional and Statutory Restrictions [$ 256-300] p 884 2. Construction and Operation of Restrictions [§ 257] p 885 4. Consent and Joinder of Husband and Wife [§§ 259-297] p 885 (1) General Rule [§ 259] p 885 (2) Effect, Purpose, and Validity of Provisions [§ 260] p 887 (a) In General [§ 261] p 888 (b) Homestead Held under Contract of Purchase [§ 262] p 889 (d) Dedication to Public Use or Grant of Easement [§ 264] p 889 (g) License [267] p 891 (h) Conditional Conveyances [268] p 891 (i) Conveyance of Timber Growing on Homestead [§ 269] p 891 (j) Chattel Mortgage on Improvements [§ 270] p 891 (k) Subsequent Agreements Affecting Liability under Transfer or Encumbrance [§§ 271-272] p 891 aa. In General [§ 271] p 891 bb. Reviving or Restoring Liability [§ 272] p 892 (1) Conveyances after Separation or Abandonment [§ 273] p 892 (n) Conveyance by Wife of Homestead Previously Conveyed to Her by (0) Relinquishment of Equity of Redemption and Conveyance of Reversionary Interest [§ 276] p 893 (a) In General [§ 278] p 894 (b) Transfer or Encumbrance to Secure Debts Enforceable against Homestead [§ 279] p 894 (c) Transfers and Encumbrances Prior to Acquisition and Establishment (d) Conveyances and Mortgages between Husband and Wife [§ 281] p 896 (g) Conveyance after Termination of Homestead [§ 284] p 898 (h) Conveyance or Encumbrance of Excess over Homestead [§ 285] p 898 (i) Conveyance in Consideration of Support of Homesteader and Wife [§ 286] p 898 (j) Proceeds of Condemnation of Homestead under Right of Eminent Domain [§ 287] p 899 (k) Miscellaneous [§ 288] p 899 b. Consideration for Consent of Spouse [ 289] p 899 c. Nature and Sufficiency of Consent or Joinder [§§ 290-297] p 900 (1) In General [§ 290] p 900 (2) Execution under Power of Attorney or by Husband as Agent [§ 291] p 901 (3) Conveyance by Trustee or Guardian [§ 292] p 901 (4) Joinder by Separate Instruments or Separate Execution of Same Instruments [293] p 901 For later cases, developments and changes in the law see cumulative Annotations, same title, page and note number. (5) Effect of Joinder for Release of Dower [§ 294] p 902 (a) In General [§ 295] p 903 (b) Effect of Fraud and Duress [§ 296] p 903 (c) Effect of Insanity or Minority [§ 297] p 904 5. Consent of Court and Reinvestment in New Homestead [§ 298] p 904 6. Restricting Encumbrances Except for Certain Debts [§ 299] p 904 7. Restricting Alienation Where Infant Children Living [§ 300] p 906 C. Form and Requisites of Instrument, Acknowledgment, and Record [§§ 301-309] p 906 1. Form and Requisites of Instrument [§§ 301-309] p 906 a. In General [§ 301] p 906 b. Description of Premises [§ 302] p 907 c. Necessity and Sufficiency of Release of Homestead [§ 303] p 907 d. Acknowledgment [§§ 304-308] p 907 (1) In General [§ 304] p 907 (2) Time of Acknowledgment [§ 305] p 908 (3) Mode of Taking Acknowledgment [§ 306] p 908 (4) Form, Requisites, and Effect of Certificate [§ 307] p 909 (5) Correcting and Supplying Acknowledgment [§ 308] p 909 e. Record [ 309] p 910 D. Operation and Effect [§§ 310-331] p 910 1. In General [§§ 310-319] p 910 a. Conveyances in Compliance with Statutory Requirements [§ 310] p 910 b. Conveyances Not in Compliance with Statutory Requirements [§§ 311-318] p 910 (1) On Termination of Homestead [§ 311] p 910 (2) On Divorce [§ 312] p 912 (3) Estoppel to Assert Invalidity [§§ 313-316] p 912 (a) In General [§ 313] p 912 (b) Joinder or Nonjoinder of Husband or Wife in Conveyance [§ 314] p 913 (c) Representations or Recitals That Property Is Not Homestead [§ 315] p 914 (d) Estoppel of Wife by Acts of Husband [§ 316] p 915 (4) Ratification [§ 317] p 915 (5) Curative Acts [§ 318] p 916 c. Conveyances Prohibited by Constitution or Statute [§ 319] p 916 2. Lands Conveyed or Leased in Excess of Homestead [§ 320] p 916 3. Rights of Purchasers and Mortgagees [§§ 321-331] p 917 a. As against Persons Having Homestead Interests [§§ 321-324] p 917 (2) As Affected by Good Faith and Notice [§§ 322-324] p 917 (b) Subsequent Purchasers [§ 323] p 918 (c) Facts Constituting Notice [§ 324] p 918 b. As against Third Persons [§§ 325-326] p 919 (1) Rights as against Outstanding Judgments and Claims against Homestead [§ 325] p 919 (2) Rights as against Prior Defective Conveyances [§ 326] p 921 c. Effect of Adverse Possession as against Homesteaders and Third Persons [§ 327] d. Remedies and Proceedings for Enforcement of Rights [§§ 328-331] p 921 (2) Of Purchasers [ 32821 p 922 (3) Of Mortgagees [§ 328] p 922 (4) Specific Performance of Contract to Convey [§ 329] p 922 (6) Parties, Pleading, and Evidence [§ 331] p 924 E. Avoidance [§§ 332-340] p 925 1. Persons Entitled to Assert Invalidity [§§ 332-333] p 925 b. Other Persons [§ 333] p 925 2. Nature and Form of Action [§ 334] p 926 3. Limitations on Time to Sue [§ 335] p 926 4. Parties [§ 3351⁄2] p 926 5. Pleading [§ 336] p 926 6. Evidence [§ 337] p 927 7. Nature and Conditions of Relief [§§ 338-340] p 927 a. In General [§ 338] p 927 b. Mesne Profits [ 339] p 928 c. Improvements [ 3392] p 928 |