Homestead in United States

Homestead Definition

The house and land constituting a family residence. 6 N. D. 482. ” ‘Stethe or sted,’ says Lord Coke, ‘betokeneth properly a bank of a river, and many times a place.’ Co. Litt. 4, 6. The homestead, according to that definition, means the home place, the place where the house is, and such is its legal acceptation at the present day. It is the home, the house, and the adjoining land, where the head of the family dwells; the home farm.” 36 N. H. 158. The principal importance of the term is in respect to the exemption of the homestead from execution, and the nature and extent of such exemption is regulated in each state by the statutes allowing the same. As a general rule, to constitute a homestead within the exemption laws the property must be actually occupied. (11 Allen [Mass.] 37; 51 Mich. 541; 23 Minn. 435) as a residence (27 111. 393) by the head of a family (10 Allen [Mass.] 425; 159 111. 148) who has a present possessory interest in the property (170 111. 115; 74 Iowa, 683), with the intention of making such property a homestead (6 Cal. 234; 53 Vt. 554).

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Legal Issue for Attorneys

The house and land constituting a family residence. 6 N. D. 482. ” ‘Stethe or sted,’ says Lord Coke, ‘betokeneth properly a bank of a river, and many times a place.’ Co. Litt. 4, 6. The homestead, according to that definition, means the home place, the place where the house is, and such is its legal acceptation at the present day. It is the home, the house, and the adjoining land, where the head of the family dwells; the home farm.” 36 N. H. 158. The principal importance of the term is in respect to the exemption of the homestead from execution, and the nature and extent of such exemption is regulated in each state by the statutes allowing the same. As a general rule, to constitute a homestead within the exemption laws the property must be actually occupied. (11 Allen [Mass.] 37; 51 Mich. 541; 23 Minn. 435) as a residence (27 111. 393) by the head of a family (10 Allen [Mass.] 425; 159 111. 148) who has a present possessory interest in the property (170 111. 115; 74 Iowa, 683), with the intention of making such property a homestead (6 Cal. 234; 53 Vt. 554).

This definition of Homestead is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Introduction to Homestead Act of 1862

In the context of the legal history: Provided settlers with 160 acres of surveyed public land after payment of a filing fee and five years of continuous residency. It was designed to encourage westward expansion. This act was passed over opposition from Democrats and members of the border states.

The United States Homestead Laws

Summary of Nevada's homestead protection regime, which allow struggling property owners (elderly or disabled persons) to declare a portion of their property, when threatened with foreclosure or eviction, a “homestead” and therefore off-limits, in certain cases, to creditors.

Resources

In the context of the legal history:

See Also

• International Treaties
• Multilateral Treaties