tag:blogger.com,1999:blog-6241005.post2156697588991035070..comments2023-10-22T12:07:58.724-04:00Comments on LowellDeeds: Homesteads and an uncooperative spouseDickhttp://www.blogger.com/profile/13384070121091883552noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-6241005.post-36966007612330420772012-01-26T17:24:51.685-05:002012-01-26T17:24:51.685-05:00I agree with your analysis. The most likely scena...I agree with your analysis. The most likely scenario for a challenge to a declaration as you describe would be the bankruptcy of the spouse that did NOT sign the declaration. The bankruptcy trustee could argue that the declaration of one spouse doesn't cover the half interest of the spouse that didn't sign. That said, the courts consistently interpret homesteads liberally for the benefit of the declarant. Incidentally, the SJC is considering whether, under the old homestead law, a mere beneficiary of a trust can declare a homestead on realty held by the trust. Under the new law, such a declaration would fail as "only the trustee" can declare a homestead. Look for the opinion in the case of Weiss v. Boyle which should be released in the next month. Better late than never.Davidhttps://www.blogger.com/profile/08164977365624856322noreply@blogger.com