Higgins v. Higgins

Citations

• 46 Cal. 259
• 1873 Cal. LEXIS 168

Syllabus

<p>Gift from Husband to Wife.'—If the husband purchase an estate and pay for it out of the common property, and cause it to be conveyed to the wife by a deed of bargain and sale, with intent that it shall become her separate property, it operates as a gift from the husband to the wife.</p> <p>Evidence that Def.d to Wife was Deed of Gift.—Although prima facie a bargain and sale deed of property to the wife makes it common property, yet the wife may show by extrinsic evidence that it was intended as a deed of gift, and that it is her separate property, and such evidence does not contradict or vary the deed.</p> <p>Claiming a Second Homestead.—A widow to whom the Probate Court has set apart a homestead out of the estate of her deceased husband, may, if she afterwards marries, claim a second homestead under the general Homestead Act, on. the estate of her second husband.</p> <p>Homestead in Land Held as Tenant in Common.—If a husband owns an undivided interest in land, as a tenant in common with others, and is living on it with his family, his wife may claim a homestead on it to the extent of the husband’s undivided interest, and to the extent in value of five thousand dollars.</p> <p>Partition of Land on Which There is a Homestead.—On a partition of land held by tenants in common, if one of them has a homestead claim on it, his undivided interest will be set apart to satisfy the homestead claim, not to exceed five thousand dollars in value.</p>