Can waive your homestead right in a premarital Recovery for injuries to the person SP → agreement Capacity CP → Medical Expenses Reimburse trial on how they were → paid before recovery Not Allowed Gifts to the Community not allowed today bc gifts are SP Applies Increase in land value Crops grown on SP land Rents from SP land Livestock increases in value/weight Offspring of W’s SP livestock Income & property that arise from gift to spouse Dividends, interests, rent, & other income derived from SP of a spouse Doctrine of Inception of Title General: Usually concerned w/ whether the title was incepted before or after marriage Title doesn’t incept w/ a down payment It’s a tenancy in common → Homestead Inception of Title Homestead against the world from day you settle the property. It’s superior to everyone else → Adverse Possession Inception of Title Move from the land No right. The rightful O can displace you until the §oL runs (right arises when the § runs) →
Can waive your homestead right in a premarital agreement Recovery for injuries to the person → SP Capacity → CP Medical Expenses → Reimburse on how they were paid before recovery Not Allowed Gifts to the Community not allowed today bc gifts are SP Applies Increase in land value Livestock increases in value/weight Income & property that arise from gift to spouse Crops grown on SP land Rents from SP land Offspring of W’s SP livestock Dividends, interests, rent, & other income derived from SP of a spouse Doctrine of Inception of Title General: Usually concerned w/ whether the title was incepted before or after marriage Title doesn’t incept w/ a down payment → It’s a tenancy in common Homestead Inception of Title Homestead → against the world from day you settle the property. It’s superior to everyone else Adverse Possession Inception of Title Move from the land → No right. The rightful O can displace you until the §oL runs (right arises when the § runs) trial
Dodge-Marital-Property-Law-spring-2013-george.docx