Q: Declaration of homestead, one spouse residing
My husband and I own a house together, but only I live in it. Can I file the declaration of homestead alone? Would he be exempt form it in that case? Or can we both sign it, but indicate on the declaration that I am the only one who lives there?
A: Yes, you can record a declared homestead on the home you own with your spouse because it is your primary residence. Your husband cannot participate in the homestead declaration because it is not his primary residence. Choose a declared homestead form from a stationery store, or on the internet that is appropriate to your situation. I believe Rocket Lawyer has a good selection of such forms. If you cannot find the right form, you may need to have an attorney prepare on for you.
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