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Legal Definitions - homestead right

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Definition of homestead right

Homestead right refers to a law that protects a family's home from being sold to pay off debts, except in certain circumstances. This law is also known as homestead exemption or homestead law.

For example, if a family owns a home and falls into debt, their creditors cannot force them to sell their home to pay off the debt, unless the family has jointly mortgaged the property or otherwise subjected it to creditors' claims. This means that the family can keep their home even if they owe money to someone else.

However, there are exceptions to this law. For instance, if the family owes federal taxes, the government can still take their home to pay off the debt. Some states also allow exceptions for state taxes, claims for alimony and child support, materialmen and mechanics' liens. Additionally, if the family has taken out a mortgage or secured a loan to purchase the home, the lender can still take the home if the family fails to make payments.

Overall, homestead right is an important law that helps protect families from losing their homes due to financial difficulties.

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Simple Definition

A homestead right is a law that protects a family's home from being taken away to pay off debts, unless the owners have agreed to use the home as collateral. This law is also called a homestead exemption or homestead law. However, there are some exceptions to this protection, such as for taxes, alimony, and child support.

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