Simonson v. Burr

Citations

• 121 Cal. 582
• 54 P. 87
• 1898 Cal. LEXIS 957

Syllabus

<p>Homestead—Remediad Statute-Substantiae Pebfobmanoe.—The statute-in reference to homesteads is remedial, and is to he liberally construed. Where the several acts required have been substantially performed, and the declaration of homestead contains the essence of the statutory requirements, it will he deemed sufficient to create a valid homestead upon the premises described therein.</p> <p>In.—Joint Decdabation.—A joint declaration, of homestead, containing the essential requirements of the statute, is valid, whether the premises are regarded as the community property of the spouses, or the separate property of the wife. The wife is not required to join, with the husband in a declaration of homestead upon community . property, but her doing so does not affect its validity; and if the property is her separate property, her necessary consent to the homestead thereon is shown by her joining in the declaration.</p> <p>Id.—Residence and Cdaim of Bach Deolabant—-Use of Pdtbad.—The use of the plural “we” in the joint declaration of actual residence and claim of homestead is inclusive of the singular, and involves a statement that each of the-declarants is actually residing upon the premises, and claims the same as a homestead.</p> <p>Id.—Abandonment—Change of Residence.—A homestead, once lawfully created, can only he abandoned in the way pointed out in sections 1243 and 1244 of the Civil Code. It is not abandoned by the claimants ceasing to reside upon the premises, nor by a lease thereof and the purchase of other property, upon which they have erected another home, in which they are residing.</p> <p>Id.—Creation of Homestead—Pending Suit—Fraud upon Creditors.— The creation of a homestead pending a suit by a creditor of the declarant, before an ordinary money judgment rendered therein, is • not thereby rendered fraudulent or invalid. The doctrine bearing upon conveyances made to hinder, delay, or defraud creditors has no application to the creation of a homestead, which m