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Legal Status of Women in Iowa

Chapter 9 HOMESTEAD AND EXEMPTIONS.

Word Count: 2701    |    Released on: 30/11/2017

tead

in possession. Actual occupancy is necessary to invest property with the homestead character, but as the exemption right is for the benefit of the whole family and not alone of the owner, the fact that the head of the family is absent, and may even have acquired property and residence in another s

tract 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. [§2419.] If the homestead is sold, the proceeds are exempt only when invested in the purchase of another homestead, but the ex

y def

d a family while continuing to occupy the house used as suc

ce or in

act 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 consent of the wife is fraudulently obtained by the hu

e for

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

e for

of the debtor liable to execution. [§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 propert

ed by writt

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. [§3168.] Any written cont

const

y select his homestead and make the same his home without the consent of his wife, and the absence of the wife will not affect its homestead character. The fact that the husband is the legal head of the family invests him with the

aces

the limitations contained in the next section, but must in no case embrace different lots or tracts, unless the

te

t must not embrace in the aggregate more than forty acres. But if, when thus limited, in either case,

g appur

stead; but a shop or other building situated thereon, and really used and occupied by the owner in the prosecution of his ow

ing. P

A failure in this respect does not leave the homestead liable, but the officer having an execution against the property of such defendant, may ca

tion. R

istance of the starting point from some corner of the dwelling-house shall be stated. The description and plat shall then be

an

cription, or may change it entirely, but such changes shall not prejudice conveyances or liens made or created previously thereto, and no chan

estead

m execution in all cases where the old or former homestead would ha

or to

are 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 termi

etain. Descen

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 eithe

n s

be sold for the payment of any debts to which it might at that ti

vi

other real estate of the testator. [§3185.] The homestead will remain exempt in the hands of the heirs becau

. To head

essary food for all animals exempt from execution, for six months; all flax raised by the defendant on not exceeding one acre of ground and the manufactures therefrom; one bedstead and the necessary bedding for every two in the family; all cloth manufactured by the defendant, not exceeding one hundred yards in quantity; household and kitchen furniture, not exceeding two hundred dollars in value; all spinning-wheels and looms, one sewing machine and other instruments of domestic labor kept for actual use; the necessary provisions and fuel for the use of the family for six months; the proper tools, instruments or books of the debtor, if a farmer, mechanic, surveyor, clergyman, lawyer, physician, teacher or professor; the horse or the team consisting of not more than two horses or mules, or two yoke of cattle, and the wagon or other vehicle with the p

Insur

those of his widow contracted prior to his death, provided such exem

y def

4297, does not include strangers or bo

ual ea

of his family, at any time within ninety days next preceding t

ersons. Non

f a family, and to non-residents their ordinary wearing

ting to leav

family, and such other property, in addition, as he may select, in all not exceeding seventy-five dollars in value; which property shall be sel

ase m

against an execution issued for the purchase money of property cl

ding d

such property shall be exempt in the hands of t

g mac

sewing-machine shall be exempt from

ion

be in the actual possession of such pensioner, or deposited, loaned, or invested by him, shall be exempt from execution or att

est

the proceeds or accumulations of such pension money, shall also be exempt as is now provided by law of this state in relation to ho

ma

leaves a husband, wife, child or parent, the damages

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