the metes and bounds, as well as the record of the plat and
description, or may change it entirely, but such changes shall not
prejudice conveyances or liens made or created previously thereto, and
no change of the entire homestead made without the concurrence of the
husband or wife, shall affect his or her right or those of the children.
[Sec.3175.]
[Sidenote: New homestead exempt.]
The new homestead, to the extent in value of the old, is exempt from
execution in all cases where the old or former homestead would have been
exempt, but in no other, nor in any greater degree. [Sec.3176.]
[Sidenote: Survivor to occupy.]
Upon the death of either husband or wife, the survivor may continue to
possess and occupy the whole homestead until it is disposed of according
to law. [Sec.3182.] The survivor may elect to retain the homestead in lieu
of his or her distributive stare of the estate, but in such case the
interest is not one which confers any title to the property which can be
conveyed or which will descend to heirs or be subject to the lieu of a
judgment, but it is merely a life interest which may be terminated
whenever the survivor ceases to use and occupy the homestead as such.
Whenever the survivor elects to retain the homestead during life in lieu
of dower, it cannot be changed for another homestead, and the right will
be lost by abandonment.
[Sidenote: Election to retain. Descent. Exemption.]
The setting off of the distributive share of the husband or wife in the
real estate of the deceased, shall be such a disposal of the homestead
as is contemplated in the preceding section. But the survivor may elect
to retain the homestead for life in lieu of such share in the real
estate of the deceased; but if there be no such survivor, the homestead
descends to the issue of either husband or wife according to the rules
of descent, unless otherwise directed by will, and is to be held by such
issue exempt from any antecedent debts of their parents or their own.
[Sec.3183.]
[Sidenote: When sold.]
If there is no such survivor or issue the homestead is liable to be sold
for the payment of any debts to which it might at that time be
subjected, if it had never been held as a homestead. [Sec.3184.]
[Sidenote: Devise.]
Subject to the rights of the surviving husband or wife, as declared by
law, the homestead may be devised like other real estate of the
testator. [Sec.3185.] The homestead will remain exempt in the han
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