Legal Definition and Related Resources of Homestead
Meaning of Homestead
The home, the house , and the adjoining land where the head of the family dwells. It is the place of residence of a man and his family, where the independence and security of a home may be enjoyed without danger of loss, harassment or disturbance by reason of the improvidence of the head or any other member of the family. The exemption from seizure or forced sale is purely statutory. See Bushnell v Loomis, 234 Mo. 371, 137 S. W. 257. The term also refers to the interest of the widow and minor children in the deceased husband’s and father ‘s homestead; as well that of minor children in the deceased parent ‘s homestead. Re Doody, 210 Or. 658,313 P.2d444.
Homestead Alternative 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).
Synonyms of Homestead
noun
- acreage
- acres
- country house
- estate
- farm
- farm land
- farmplace
- farmstead
- grounds
- home
- house
- household
- manor
- messuage
- place of settlementResidence
- Associated Concepts: family homestead exemption
- homestead interest
- homestead tax
- residential homestead
- transfer of homestead
- urban homestead
Related Entries of Homestead in the Encyclopedia of Law Project
Browse or run a search for Homestead in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.
Homestead in Historical Law
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Legal Abbreviations and Acronyms
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Notice
This definition of Homestead is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Homestead in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims
The home-stall, home-place. The dwelling-house, at which the family resides, with the usual and customary appurtenances, inclusing outbuildings of every kind necessary and convenient for family use, and lands used for the purposes thereof. 33 Cal. 277 (1867). Whence homesteader.
Note: This legal definition of Homestead in the Dictionary of Law (English and American Jurisprudence) is from 1893.
Concept of Homestead in the context of Real Property
A short definition of Homestead: The dwelling (house and contiguous land) of the head of a family. Some states grant statutory exemptions, protecting homestead property (usually to a set maximum amount) against the rights of creditors. Property tax exemptions (for all or part of the tax) are also available in some states. Statutory requirements to establish a homestead may include a formal declaration to be recorded.
Concept of Homestead in the context of Real Property
A short definition of Homestead: The dwelling (house and contiguous land) of the head of a family. Some states grant statutory exemptions, protecting homestead property (usually to a set maximum amount) against the rights of creditors. Property tax exemptions (for all or part of the tax) are also available in some states. Statutory requirements to establish a homestead may include a formal declaration to be recorded.
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