Murphy v. Farquhar

Citations

• 39 Fla. 350

Syllabus

<p>HOMESTEAD — ABANDONMENT OF SUBJF.CTS IT TO LIENS OF JUDGMENTS.</p> <p>1. Under the homestead provisions of the Constitution of Florida an attempted transfer of the legal title by the husband to his wife of his homestead does not and can not give to any judgment against him any other, further or greater lien or right in or to such homestead than it had before such attempted transfer of the legal title was made, if the right to the exemption of the homestead has not'otherwise been forfeited. If the exempted property continues in good faith to be the homestead or place of actual permanent abode of the husband and his family, without any permanent abandonment thereof, then his judgment creditors have no, such lien upon or interest therein as will give them a right to question the validity of an attempted transfer of the legal title thereto by the husband to the wife.</p> <p>2. While the law is well settled that a temporary absence in search of health or pleasure, or on another place for purposes of business, will not deprive the homestead claimant of his right, unless it be apparent that there was a design of permanent abandonment; yet it is equally well settled that & permanent abandonment of the homestead as a bona fide home and place of permanent abode strips it of its homestead character, and deprives the claimant of the right to exempt it from sale for his debts.</p>