nsent of the wife is fraudulently obtained by the husband, the
conveyance or incumbrance will be valid, unless it appears that the
purchaser or mortgagee had knowledge of the fraud. A mortgage given for
the purchase money will be valid though given alone by the party taking
the legal title.
[Sidenote: Liable for taxes.]
The homestead is liable for taxes accruing thereon, and if platted as
hereinafter directed, is liable only for such taxes and subject to
mechanics' liens for work, labor, or material, done or furnished
exclusively for the improvement of the same, and the whole or a
sufficient portion thereof may be sold to pay the same. [Sec.3166.] All the
taxes against the owner of the homestead become liens thereon, unless it
is platted as directed by statute.
[Sidenote: Liable for debts.]
The homestead may be sold on execution for debts contracted prior to the
purchase thereof, but it shall not in such case be sold except to supply
the deficiency remaining after exhausting the other property of the
debtor liable to execution. [Sec.3167.] Debts contracted after the
acquisition of the property, but before it has acquired the homestead
character by actual occupancy, may be enforced against the property. A
judgment upon a debt contracted prior to the purchase of the homestead,
although such judgment is not rendered until after the property has
acquired the homestead character, is a lien upon the homestead.
[Sidenote: Debts created by written contract.]
The homestead may be sold for debts created by written contract,
executed by the persons having the power to convey and expressly
stipulating that the homestead is liable therefor, but it shall not in
such case be sold except to supply the deficiency remaining after
exhausting the other property pledged for the payment of the debt in the
same written contract. [Sec.3168.] Any written contract other than a
mortgage or other conveyance, will be sufficient to render the homestead
liable for debts, provided it contains the necessary stipulations, and
is signed by the proper parties.
[Sidenote: What constitutes.]
The homestead must embrace the house used as a home by the owner
thereof, and if he has two or more houses thus used by him at different
times and places, he may select which he will retain as his homestead.
[Sec.3159.] The husband may select his homestead and make the same his home
without the consent of his wife, and the absence of the wife will not
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