he homestead will not affect the homestead right,
so long as the wife and family remain in occupancy.
The homestead right may belong to one of several tenants in common of
undivided property, or in a leasehold interest. It may attach to
portions of a building--as where rooms or floors in a building are used
for homestead purposes and the rest of the building is not so used.
Where part of a building is owned or occupied by a family as a home, and
the other part is used for a different purpose, that part used as a home
may be exempt, while the other portion may be sold under execution. The
exemption right may be lost by the execution of a mortgage or contract
expressly making the homestead liable, in which both husband and wife
join; or it may be forfeited when the homestead is used as a saloon or
for any other purpose in violation of the prohibitory liquor law, with
the knowledge and consent of the owner, and this is true even though
such unlawful use is without the consent of the wife of the owner. In
such case it is subject to judgment obtained because of such illegal
use. [Sec.2419.] If the homestead is sold, the proceeds are exempt only
when invested in the purchase of another homestead, but the exemption
does not follow the proceeds out of the state, and where the homestead
was sold and the proceeds invested in a homestead in another state, and
this was afterwards sold and the proceeds again invested in a homestead
in this state, it was held that the homestead exemption did not attach
to the second homestead in Iowa. Removal from the homestead without
intention of returning will be sufficient to forfeit the homestead
right, but the length of time of absence, in itself, will not constitute
abandonment, so long as the intention to return exists.
[Sidenote: Family defined.]
A widow or widower, though without children, shall be deemed a family
while continuing to occupy the house used as such at the time of the
death of the husband or wife. [Sec.3164.]
[Sidenote: Conveyance or incumbrance.]
A conveyance or incumbrance by the owner is of no validity unless the
husband and wife, if the owner is married, concur in, and sign the joint
instrument. [Sec.3165.] Any conveyance or contract, such as a mortgage,
lease, assignment of contract of purchase, or any act in any manner
affecting the title or right of occupancy of the homestead by either
party, will be absolutely void, unless concurred in by the other. If
the co
|