Also known as: homesteads · homesteading · homestead exemption · homestead right
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A parcel of land together with the dwelling and outbuildings that a homeowner occupies as a residence. State law often exempts the homestead from forced sale by creditors up to fixed value or area limits.
A parcel of land together with the dwelling and outbuildings that a homeowner occupies as a residence. State law often exempts the homestead from forced sale by creditors up to fixed value or area limits.
Hyun Han owned a residence that the city sought to condemn for a public project. The city offered compensation equal to fair market value. The court upheld the taking, holding that the homestead exemption does not prevent eminent domain when just compensation is paid.
A statutory pecuniary allowance payable from a decedent's estate to the surviving spouse or, if none, to minor or dependent children. The allowance has priority over most claims and is in addition to any share passing by will or intestacy.
Harold Hunt signed a written agreement before marrying Hilda Hernandez that waived all rights to homestead allowance from her estate. After Hilda's death, Harold sought the allowance from the probate court. The court denied the claim because the signed writing satisfied the statutory requirement for an enforceable waiver.
A statutory pecuniary allowance payable from a decedent's estate to the surviving spouse or, if none, to minor or dependent children. The allowance has priority over most claims and is in addition to any share passing by will or intestacy.
Each sense below has its own examples, sources, and questions.
Hiroshi Hasegawa and his wife held their residence as tenants by the entirety. A creditor obtained a judgment against Hiroshi alone for a separate debt. The court refused to allow execution against the homestead because the entireties estate could not be reached for one spouse's separate obligations.
Hudson Partners contracted to buy land from Halcyon Motors without obtaining the signature of the seller's spouse on the deed. The spouse later objected that the parcel was homestead property. The court held the conveyance void for lack of spousal consent required by state homestead law.
Yes. Many states permit the exemption in bankruptcy even when no formal declaration of homestead has been recorded.
Hope Howard received a life estate in the family home under the state constitution after her husband died. She petitioned for the statutory homestead allowance from the estate. The court reduced the allowance by the value of the constitutional life estate because the home would otherwise have been part of the probate estate.
Harper Hill was convicted of intentionally killing her husband. She filed a claim for the homestead allowance from his estate. The court denied the claim and directed distribution as if Harper had disclaimed the allowance.
Yes. The homestead allowance is payable in addition to any elective-share amount and is not charged against it.
Yes. When a surviving spouse receives a constitutional homestead interest in the family home, that value is charged against the statutory homestead allowance to the extent the home would otherwise have entered the probate estate.
Yes. A written agreement signed by the surviving spouse before or after marriage may waive the homestead allowance and is enforceable without consideration.
Yes. The killer forfeits the homestead allowance along with all other benefits under the probate article, and the estate is distributed as if the killer had disclaimed the share.
…which has been added to this group, has provided by statute that the interest of a debtor spouse in any type of estate, except a homestead as defined and held in tenancy by the entirety, shall be subject to his or her separate debts. Pilip v. United States , 186 F. Supp. 397 (D. Alaska, 1960). In the Group III jurisdictions…