Abandonment Homestead

 Abandonment of Married Person's Separate Homestead Following Reconciliation
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Description abandonment married

Generally, an owner is held to have abandoned his or her homestead when:

the owner disposes of the property, or
when he or she leaves with the intention, or
forms the intention after leaving, of not returning and occupying it as a homestead.

Intent alone without actual removal from the premises does not establish a loss of the homestead right, but the right may be defeated by the owner's use of the property in a manner not contemplated by the homestead laws. In some jurisdictions, a homestead can be abandoned only by a declaration of abandonment by the husband and wife.

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