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824 F.2d 754·
9th Cir.·
1987-08-10
·cited 2×
A recorded homestead declaration under prior California law, when superseded by new legislation, only grants benefits under the new law's 'declared homestead' article, not the 'automatic homestead' article, and does not violate the Contracts Clause if it makes only minor alterati
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809 F.2d 272·
5th Cir.·
1987-02-10
·cited 2×
The court held that while the property was Niland's homestead, he was estopped from claiming it due to his prior fraudulent claim of a different property as his homestead, which resulted in a benefit to him.
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413 So. 2d 1250·
Fla. 1st DCA·
1982-05-05
·cited 2×
The United States appealed a circuit court order that recognized Wayne Boyette's homestead exemption claim on a Columbia County, Florida property. The appellate court reversed, holding that Boyette could not maintain homestead status on property he abandoned over twelve years ago
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Fla. 5th DCA·
2024-12-13
Lauth Investigations International appealed the denial of homestead status for the former residence of a deceased individual who relocated to a nursing facility before her death. The appellate court reversed, finding that the trial court erred by denying homestead protection with
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Fla. 3d DCA·
2022-12-14
A married homestead owner's spouse must join in a mortgage on homestead property even if the spouse abandoned the homestead prior to the mortgage execution, because the 1985 constitutional amendment eliminated the "head of family" requirement and made spousal joinder protection a
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Fla. 3d DCA·
2022-12-14
The appellate court considered whether a spouse's abandonment of a homestead property waived the requirement for their joinder in a mortgage. The court held that under current Florida law, abandonment does not waive the spousal joinder requirement for mortgages on homestead prope
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987 F.2d 675·
10th Cir.·
1993-03-03
The court held that the debtor was entitled to claim the homestead exemption for a residence she solely owned, even though her husband had moved out of state.
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530 So. 2d 440·
Fla. 3d DCA·
1988-08-30
Ex-wife sought to execute a 1980 judgment against her ex-husband on property he claimed was homestead-protected. The key issue was whether Dr. Halker had permanently abandoned the homestead before he conveyed it to himself and his new wife by the entireties in June 1985, which wo
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761 F.2d 1088·
5th Cir.·
1985-06-03
The court held that the Houston property was not the debtor's homestead when the creditor's judgment lien was perfected, as the debtor had established a new family homestead in Austin through actual use and occupancy.
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443 So. 2d 402·
Fla. 4th DCA·
1984-01-04
The court held that the property constituted homestead property because the decedent was the head of a family, and this status was not abandoned by the son's temporary absence.
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194 So. 2d 636·
Fla. 2d DCA·
1967-01-25
The daughters of W. E. Mahaffey appealed a judgment denying homestead exemption for their deceased father's property, arguing it should have passed to them rather than being subject to their stepmother's dower interest. The court affirmed, holding that the property ceased to be h
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247 F.2d 738·
9th Cir.·
1957-07-29
The court held that an amended homestead declaration filed without abandoning the original is invalid, and the exemption amount is determined by the law in effect when the debts were incurred.
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231 F.2d 632·
5th Cir.·
1956-04-12
A temporary residence in another city, without more, does not defeat a claim to a business homestead, especially when the claimant has established a business homestead and there is no evidence of abandonment or establishment of a new residence homestead.
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2 Fla. Supp. 199·
Pinellas Cty. Cir. Ct.·
1952-10-02
William M. Johnson Jr. and Barbara Joyce Johnson Hancock sued to set aside a devise of homestead property on grounds that their deceased father remained the head of a family despite divorce. The circuit court held that a divorced man paying support obligations cannot claim homest