Also known as: homestalls · homestead
Written by attorneys · grounded in primary & secondary sources — see below
A historical term for the homestead, consisting of the family home and its immediately surrounding curtilage. The term identifies the protected family residence and adjacent land.
Holly Hayes and her husband signed a written agreement before marriage in which she waived all rights to homestead allowance. After his death, Holly sought to claim the homestall allowance from the estate. The probate court enforced the waiver because it was a signed writing under the governing statute.
Hiroshi Hasegawa inherited a constitutional life estate in the family homestall. He petitioned for the statutory homestead allowance from other estate assets. The court reduced the allowance by the value of the constitutional interest in the homestall.
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Henry Harrison was convicted of intentionally killing his spouse. He claimed the homestall allowance from her estate. The court denied the claim because the slayer statute forfeits all homestead benefits to the killer.
Officers walked onto the front porch of Harper Hill's homestall with a drug dog without a warrant. The Supreme Court held that the porch formed part of the homestall curtilage protected by the Fourth Amendment.
Hunter Hughes's will directed that his historic homestall be razed after his death. The court refused to enforce the direction because it violated public policy protecting the family residence.
Hakeem Harris faced foreclosure on his homestall during an economic emergency. The state extended the redemption period under a mortgage moratorium statute. The Supreme Court upheld the extension as a valid exercise of state power to protect the family home.
A surviving spouse may waive the homestead allowance only by a written agreement signed before or after marriage. The agreement requires no consideration and is enforceable if voluntary.
The value of any constitutional homestead right in the family home is charged against the surviving spouse's homestead allowance to the extent the home forms part of the decedent's estate or would have but for the constitutional protection.
An individual who feloniously and intentionally kills the decedent forfeits the homestead allowance along with all other benefits under the probate article.
The area immediately surrounding and associated with the home, known historically as the curtilage or homestall, receives Fourth Amendment protection as part of the home itself.
…by all governments entitled to the name.” No court, he said, would hesitate to adjudge void any statute declaring that “the homestead now owned by A should no longer be his, but should henceforth be the property of B.” In accordance with these principles it was held, in that case, that the property of the citizen could…