Bloor v. Bloor

Citations

• 109 Wash. 554
• 187 P. 396
• 1920 Wash. LEXIS 951

Syllabus

<p>Homestead (7)—Selection — Necessity. Under Rem. Code, §§ 528-561, no right of homestead existed in any specific property until it was selected and the selection recorded; and prior residence upon the land lends no support to the claim of homestead rights.</p> <p>Homestead (7, 22)—Selection—Survivors—Statutes—Repeal. Rem. Code, §§ 1465 and 1468, contemplating the vesting of title to the homestead in the widow and minor children on the death of the husband was in that respect repealed by §§ 528-561, requiring the selection of specific property.</p> <p>Homestead (4, 21, 22)-—Head of Family—Rights of Surviving Spouse. Neither the surviving husband nor'wife who was not the “head of a family” within the meaning of Rem. Code, § 553, could acquire a homestead in community property when homestead rights had not been perfected prior to the death of the other spouse.</p> <p>Homestead (22, 23)—Rights of Surviving Wife and Heirs—• Statutes—Retroactive Effect—Vested Rights. The probate code, Laws 1917, p. 670, § 103, enlarging the homestead rights of each spouse upon the death of the other, does not entitle a surviving wife to a homestead in the undivided half of community property that had not been selected as a homestead in the husband’s lifetime, and had become vested in his heirs by descent prior to the talcing effect of the act of 1917; since it would impair vested rights.</p>