Kellersberger v. Kopp

Citations

• 6 Cal. 563

Syllabus

<p>As a husband and wife may, by joining in a conveyance, destroy a homestead right already acquired, by selling- the whole, so they may equally destroy it by selling an undivided portion of it.</p> <p>It seems that a covenant by the husband to convey an undivided interest in the land, executed before any residence of his family on the premises, sustained by a deed made by the husband alone after the residence of his family and that of his covenantee on •the premises, prevents the homstead right from attaching; and that a mortgage, executed by the husband alone after the residence of the two families on the land, but before the deed was executed by the husband to his co-tenant, will be maintained against the claim of homestead.</p>