In re Estate of Lamb

Citations

• 95 Cal. 397
• 30 P. 568
• 1892 Cal. LEXIS 836

Syllabus

<p>Homestead — Separate Property of Husband — Entry of Homestead Claim — Patent—Relation to Equitable Interest. —A husband who, before his marriage, makes proper application to enter land as a homestead under the laws of the United States acquires an equitable interest in the land which is his separate property, although he has not, at the time of his marriage, fully completed the term for which he was to reside upon and cultivate it, so as to entitle him to receive a patent therefor from the United States, and the legal title afterwards acquired by the patent relates back to the equitable interest, and is also his separate property; and a homestead filed thereon by the wife alone is not a selection from community property, under section 1474 of the Code of Civil Procedure.</p> <p>Id. —Abandonment of Homestead — Unrecorded Agreement for Division. — A homestead selected by a wife upon the separate property of the husband is not abandoned by a subsequent agreement of the spouses for its division between them, which is not recorded by either of the parties.</p> <p>Id. —Deeds between Husband and Wife Subject to Homestead. —Where a wife has filed a homestead upon separate property of the husband, a deed of the land, subsequently executed by the husband to the wife, operates to vest the legal title thereto in the wife as her separate property, but does not constitute an abandonment of the homestead; and a deed of part of the land by the wife to the husband, in pursuance of an agreement for their separation, and a division of the property, simply reinvests him with the title to the land so conveyed, and a deed to her by the husband of the remainder of such land operates merely as a confirmation or further assurance of title to the land which it purports to convey, all of the land still being subject to the homestead.</p> <p>Id. — Wife’s Selection of Homestead upon Separate Property of Husband— Effect of Deed from Husband •—Title of Heirs. —Where a wife has filed a declarat