Homestead

Question 1

Homestead

Answer 1

Homestead is the primary residence of a natural person up to 1/2 acres of contiguous land within a municipality and up to 160 acres of contiguous land outside a municipality. Homestead is liberally construed to protect the family.

Question 2

Three restrictions on homestead

Answer 2

① forced sale; ② conveyance; ③ devise on solely owned property

Question 3

Establishment

Answer 3

Homestead must be established before a judgment by creditors is entered in order to avoid attachment and for homestead protection to apply.

Question 4

Abandonment

Answer 4

Homestead is abandoned when the family no longer resides on the property and has no intent to return. Abandonment is a question of fact.

Question 5

Conveyance

Answer 5

A married owner of homestead property cannot convey an interest in the homestead without joinder of the spouse.

Question 6

Decedent is survived by a spouse or a minor child:

Answer 6

Homestead is not subject to devise.

Question 7

Decedent is survived by a spouse but no minor child:

Answer 7

Only proper devise is 100% fee simple to the spouse.

Question 8

Decedent is not survived by a spouse nor a minor child.

Answer 8

No restriction on devise. Can leave homestead by will to whomever.

Question 9

Homestead is improperly devised

Answer 9

Descends in the same manner as other intestate property.

EXCEPTION If decedent is survived by a spouse and one or more descendants:

SS gets a life estate and descendants get vested remainder

or

SS elects to take 1/2 tenancy in common with the descendants

Question 10

Who is protected from forced sale?

Answer 10

Protection of homestead from forced sale inures to the decedent’s heirs.