HOMESTEAD ISSUES

This link contains various articles prepared by counsel in different states with regard to homestead issues and will be supplemented from time to time.  The term homestead is susceptible to a variety of conceptions. One being the immunity from claims of creditors. Another relating to the restriction of conveyance or encumbering of such property. Still another being the provision for a surviving spouse and minor children to be made out of the lands of a decedent; in some cases homestead property passes differently than other property under the laws of interstate succession. 

Real Estate lawyers who practice in jurisdictions where homestead rights' are not recognized should be aware of the dictates of homestead provisions in those states where homestead laws are recognized. In varying degrees, such rights are or were recognized in the states of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Illinois, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Montana, Nebraska, Ohio, Oklahoma, Oregon, South Dakota, Tennessee, Texas, Wisconsin and Wyoming.

The source of homestead laws may be found in the provisions of state constitutional and statutory enactment's, independent of common law. The primary purpose of homestead laws is to secure the family home and to protect the family against financial reversal and the claims of all creditors except holders of liens for purchase money, taxes and improvements. Such laws create an estate in that real property designated as homestead. Generally, however, in order avail to oneself of the homestead exemption and claim protection thereunder the property owner must comply with the state law requirements establishing such exemption.

We invite our viewers to submit articles they may have written on the subject. If we undertake to post the article full faith and credit will be given to the author(s) under the provisions of the Berne Convention and the Trademarks and Copyright Act of 1916, as amended and supplemented.

Please click on the articles below set forth to view there entire content.

• Homestead Issues in Florida
  
  NB This material was prepared by Homer Duvall, III of Holland & Knight LLP. It was posted Thursday, February 22, 2001 at 12:16 PM on DIRT, an internet discussion group for serious real estate professionals, as a service of the American Bar Association Section on Real Property, Probate & Trust Law and the University of Missouri, Kansas City, School of Law, a source which is readily accessible by members of the general public. Mr. Duvall may be contacted directly by phone at 727.896.6178; by fax at 727.822.8048; by E-mail at: hduvall@hklaw.com or at his website located at www.homerduvall.com

• Homestead Issues in Texas including the Finance of Residential Improvements

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William C. Hart
Title Law Associates™
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