Does a wife's homestead declaration need to expressly state that the homestead is for the joint benefit of herself and her husband?

California, United States of America


The following excerpt is from Harley v. Whitmore, 242 Cal.App.2d 461, 51 Cal.Rptr. 468 (Cal. App. 1966):

It is true that a homestead declaration should be liberally construed and that a wife's failure to expressly state that the homestead is for the joint benefit of herself and her husband does not invalidate a declaration which complies with all the other requirements of section 1263 and which contains statements clearly implying that the wife is acting for her husband as well as herself. (Johnson v. Brauner (1955) 131 Cal.App.2d 713, 281 P.2d 50.)

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