The Washington times., 1929-01-05

entitled to "hOmestead" exemp
The statutes frequently provide
that every householder having a
family" shall be entitled to an es-
tate of homestead to the extent OF
81 900; and that such homestead
shall he exempt from attachment.
levy, execution, and sale for the pay
ment of debts.
One person cannot be a family,
nor can a group of people in no
way dependent upon each other. al
though living together, call them
selves family under the homestead
statutes, while a house occupied as
a home by husband and wife does
not lose it's homestead status by the
admission into it of any number OF
boarders or paying guests"
Although the statutes differ widely
in the various States on this subject,
and although these statutes are vari-
ously constructed by the courts OF
different Jurisdictions, there are GER
tain general features common to all
these laws, and the numerous in
terpretations, some of which will be
set forth later. are interesting to the
property owner.
The association quotes on taist
subject from Law For the Home
Owner" by John b. Green, NeE
York attorney. who says:
Homestead laws are framed and
interpreted to secure and continue
homes to debtors and their families
free from the claims of creditors.
Such laws give immunity against
seizure and sale for debt on tue
theory that the right of the State
to be relieved of the possible burden
of supporting a debtors dependent
family is paramount to the right
OF his creditors to appropriate his
property. The States endeaVor TO
limit the quantity and value of the
homestead property's exemption
usually 81 900 to what appears to
be no more than necessary for It's
own purpose, and to restrict the
beneficiaries of such exemption to
persons so related TO the debtor 30
TO be entitled to maintenance from
him until they become self sup
porting.
Hard TO Define
"And neither the legislatures nor
The courts may narrow the exteat
of homestead exemptions when they
are constitutional rights.
A homestead right is for the
benefit OF the family of the home.
steader, but the courts have not
found it easy to define with ae-
curacy what constitutes family
and who is the head of a family
within the meaning of the home
stead laws In its primary sense,
the word family has been said to
signify a group of persons composed
of a husband, his wife and their
dependent children: and In some.
what broader sense, to include one
acting as chief of a household with
another or others dwelling with,
and dependent upon him. The
family relation contemplated in
homestead laws depends rather upon
a social status than contract
upon an obligation either legal or
moral resting, on the head OF the
family to support the other members
and a corresponding state OF de-.
pendence of these other members
on the head of the family for sup.
port"
Unrelated persons abiding together.
for mutual convenience with no.
legal or moral obligation on the part
of any one of them to support the
others and no power in any one of
them to oversee and direct the
common affairs never make a.
family.
Meaning Of Family
What is family? The law agrees
on the following, says Green.
A childless married couple living
together in their own home; two sis.
ters dwelling together and keeping
their own house. A brother living
with and supporting his sister in
dwelling owned by her has been held
to be the head of a family within
the terms of a homestead statute.
"A deserted wife who maintains
the home and supports there her
dependent children Is entitled to an
exempt homestead as the head of g.
family. So. also is a widow who
keeps together and supports the
minor children of her deceased hus-.
band, even though a former wife
bore them.
And mother who supports and
keeps home for her adult but
feeble-minded son unable to take
care of himself is entitled to a home.
stead as the head of a family.
"On the other hand. a widow
living with her adult sons. of whom
one is married and runs the home.
cannot be deemed the head of
family and Is not entitled to home
stead exemption as such. Two un-
married women not closer Of kin
than cousins and not dependent one
upon the other for support do not