Also known as: principal residence · primary residence · homestead
Written by attorneys · grounded in primary & secondary sources — see below
The primary dwelling occupied by an individual as their main home. This location determines a debtor's situs for secured transactions and restricts enforcement of certain security interests when the property serves as the assignor's primary residence.
After marrying, Priscilla Parks signed a written agreement waiving her rights to homestead allowance in Perry Pratt's estate. When Perry died, Priscilla sought the allowance from the family home that had served as their principal residence. The court enforced the waiver because it was in writing and signed by the surviving spouse.
Pablo Perez's surviving spouse received a constitutional homestead interest in their family home that had been their principal residence. The personal representative charged the value of that interest against the statutory homestead allowance payable from the estate.
After intentionally killing his spouse, Patrick Phan claimed a homestead allowance from the couple's principal residence that formed part of the estate. The court denied the claim because the felonious killing caused forfeiture of all benefits including the homestead allowance.
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Paige Porter defaulted on the mortgage for the house that served as her principal residence during the economic emergency. The state court extended the redemption period under the moratorium statute, preventing immediate foreclosure despite the lender's objection.
Piper Patel's will directed that her principal residence remain unsold for twenty years after her death. The court invalidated the restriction because it imposed an unreasonable restraint on alienation of the family home.
Pacific Bank held a revocable trust that included land subject to an old railroad easement. When the railroad abandoned the line, the court held that the easement reverted to the trust rather than creating a new interest in the adjacent principal residences.
A debtor who is an individual is located at the individual's principal residence for purposes of determining the proper jurisdiction to file a financing statement.
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An assignee that holds a security interest in rents solely by virtue of the statute may not enforce the security interest while the assignor occupies the real property as the assignor's primary residence.
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Yes. The value of any constitutional right of homestead in the family home received by a surviving spouse must be charged against the spouse's homestead allowance to the extent the family home is part of the decedent's estate.
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…by all governments entitled to the name.” No court, he said, would hesitate to adjudge void any statute declaring that “the homestead now owned by A should no longer be his, but should henceforth be the property of B.” In accordance with these principles it was held, in that case, that the property of the citizen could…