Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-01-06

make II his home This does not
mean that be and every member Of
his family is bound to live en- the
premises all the time or forfeit the
homestead rights. Even the actual
physical peserce OF the wife in a
home is not a prerequisite 70 the
inception and perpetuity Of a home
stead by the husband when he is
the real head OF the family.
"Yet 20 make a homestead it must
be occupied; IL is not enough that
a homesteader is engaged in i'm
proving the property with the inten-
tion Of making il his household. An
l%nsolvent debtor unable to earn his
living possessed neither Of tine
mean to build a dwelling or a rea-
sonable prospect Of getting them
cannot hold vacant land indefinite
ly as an exempt homestead and not
occupy it otherwise than by cultivat-
ing a few vegetables.
"A house, however. is sufficiently
occupied TO make il a homestead as
Don as the owner las put Il in re-
pair. cleaned IL and begun 70 move
his household effects into il for q
dwelling.
AN actual residence of the wife
and children Of a man living on
premises claimed as u household Is
not absolutely essential ~ vest him
with homestead rights in a resi-
denee, under a statute giving them
to every free white citizen of the
state, male or female, who is q
householder or head Of a family, be-
the wife's domicile legally fol-
lows her husbands: that Is not the
case where the wife il an alien left
abroad when the husband came to
the United States and did rot become
n citizen. her residence does not fol-
low him for the purpose OF estab-
fishing homestead rights.
Fugitives Not Exempt
"Under a statute giving home
stead rights to none but residents OF
the state land bought and dwelt upon
By a husband does rot become a
homestead TO be occupied as n resi-
dence in the house. If the statute
requires d homestead 70 be oecu-
pied rs a residence BY the family
Of the owner. no homestead rights
can be acquired BY an owner resid-
ing on his land while his family ac-
tually dwell in another state and
have no intention IF coming to live
with him.
A fugitive accused Of crime who
flees the state intending to return
and whose wife and children remain
and occupy the family homestead
does not lose his homestead rights.
"A homestead and the homestead
rights are not lost by the enforced
absence OF a husband under a com
mitment to ar asylum.
"A homesteader temporarily ccas-
ing a reside on his homestead lot
and going elsewhere to live because
his dwelling was blown down in a
storm, but who returns daily Z cui-
tivate growing crops loses none of
his homestead rights.
"The mere absence OF a house,
holder and his family from the
homestead for any reasonable
length Of time when the settled
purpose OF returning to il exists and
II a new home is not permanently
established elsewhere will not term
mate or forfeit the homestead
rights.
III Treatment No Bar
And General Nathan William Vac
Chesney, the National Associations
general counsel, writes in his book,
THE Principles Of Real Estate
Law" where a wife is compelled TO
live apart from her husband be-
cause OF i'll treatment, she does not
forfeit her homestead right. II.
however. the wife leaves without
justification and without intent 10
return she forfeits her homestead
rights. In divorce proceedings the
court granting the divorce is usual
~ empowered 10 dispose OF the
homestead according TO the equities
of the case. The court may set the
homestead aside q either party for
a limited period or absolutely. IL
the homestead i not assigned, II
win on the dissolution Of the marital
relations. remain in the spouse hold
ing the legal title 70 the property.
Invested Of any rights or claims If
the other party regardless Of who
vas In the wrong.