homestead


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Related to homestead: Homestead Act

Homestead

The dwelling house and its adjoining land where a family resides. Technically, and pursuant to the modern homestead exemption laws, an artificial estate in land, created to protect the possession and enjoyment of the owner against the claims of creditors by preventing the sale of the property for payment of the owner's debts so long as the land is occupied as a home.

Laws exempting the homestead from liability for debts of the owner are strictly of U.S. origin. Under the English Common Law, a homestead right, a personal right to the peaceful, beneficial, and uninterrupted use of the home property free from the claims of creditors, did not exist. Homestead rights exist only through the constitutional and statutory provisions that create them. Nearly every state has enacted such provisions. The earliest ones were enacted in 1839 in the Republic of Texas.

Homestead exemption statutes have been passed to achieve the public policy objective of providing lodgings where the family can peacefully reside irrespective of financial adversities. These laws are predicated on the theory that preservation of the homestead is of greater significance than the payment of debts.

Property tax exemptions, for all or part of the tax, are also available in some states for homesteaded property. Statutory requirements prescribe what must be done to establish a homestead.

A probate homestead is one that the court sets apart out of the estate property for the use of a surviving spouse and the minor children or out of the real estate belonging to the deceased.

A homestead corporation is an enterprise organized for the purpose of acquiring lands in large tracts; paying off encumbrances, charges attached to and binding real property; improving and subdividing tracts into homestead lots or parcels; and distributing them among the shareholders and for the accumulation of a fund for such purposes.

homestead

1) n. the house and lot of a homeowner which the head of the household (usually either spouse) can declare in writing to be the principal dwelling of the family, record that declaration of homestead with the County Recorder or Recorder of Deeds and thereby exempt part of its value (based on state statutes) from judgment creditors. A similar exemption is available in bankruptcy without filing a declaration of homestead. 2) v. jargon for filing a declaration of homestead, as in "he homesteaded the property."

homestead

noun abode, acreage, acres, country house, domicile, dwelling, dwelling place, edifice, estate, farm, farm land, farmplace, farmstead, grounds, habitation, home, house, household, living quarters, lodging, lodging place, manor, messuage, place of residence, place of settlement, quarters, residence
Associated concepts: homestead laws
See also: abode, building, domicile, dwelling, habitation, home, house, household, land, property, structure

homestead

(US) a house and adjoining land designated by the owner as his fixed residence and exempt under the homestead laws from seizure and forced sale for debts.

HOMESTEAD. The place of the house or home place. Homestead farm does not necessarily include all the parcels of land owned by the grantor, though lying and occupied together. This depends upon the intention of the parties when the term is mentioned in a deed, and is to be gathered from the context. 7 N. H. Rep. 241; 15 John. R. 471. See Manor; Mansion.

References in periodicals archive ?
The Florida Constitution provides that the homestead of a Florida resident is exempt from forced sale under process of any court.
The estate planner must be aware of the complication of homestead property in post-mortem transfer tax planning.
Created to be what Old Homestead owners Greg and Marc Sherry refer to as the "Beluga Caviar of Sandwiches and Romeo & Juliet of Food," the hearty 20 oz.
There are thus three significant requirements that the courts must consider in order to determine whether a debtor's homestead qualities for Florida's constitutional exemption from forced sale: 1) acreage limitations, 2) residency requirements, and 3) ownership requirements.
Homestead subscribers can now exercise choice in using SiteBuilder Lite on their preferred operating system, and also make basic changes to their web site's content and images -- without requiring the download of the original SiteBuilder software.
While it may appear that the Florida homestead exemption is unlimited, there are significant restrictions that are not commonly understood by the press and public.
Free speech and assembly rights were severely curtailed during the period between the Battle of Homestead, when workers' rights were curtailed, and the successful organization of the Homestead mill by the Steel Workers Organizing Committee (SWOC) in 1937, when these rights were restored.
March 2 /PRNewswire/ -- Homestead Technologies, Inc.
The 2006 Small Business Survey, co-sponsored by Homestead Technologies and ASBDC revealed that SBDC counselors cited high cost, lack of technical skill and lifetime maintenance and editing costs, as the key barriers that prevented their clients from establishing a website.
19) These calculations determine the SOHA differential transferable to a new homestead, not the value of the marital asset itself.
One member of the homesteading group plans to create income by establishing a daycare center at the homestead.