California courts has actually similarly construed a necessity out-of actual residence during the analogous contexts
Actual occupancy try shortage of alone to ascertain actual property
Such as, our very own law provides long protected a «home» from losings courtesy execution by creditors by permitting the new borrower in order to declare good homestead. «The newest [Homestead] Act try depending abreast of the concept that it’s ideal for the overall appeal that each and every family need to have property, a place to abide when you look at the, a castle, where it does come across coverage of monetary calamities and you may coverage against this new quest for financial institutions with considering borrowing to your full knowledge that they usually do not mix the threshold.» (Gregg v. Bostwick (1867) 33 Cal. 220, 228.) But like security isnt oriented on a notion all nearest and dearest must certanly be capable keep certain parcel of land 100 % free regarding arrive at out-of financial institutions whether they serves as the household house. (Ibid) Hence, this has been constantly held one to help you compensate good appropriate homestead the fresh claimant need to in fact alive towards residential property when the new statement are recorded. (Bullis v. Staniford (1918) 178 Cal. forty, forty-five [171 P. 1064].) And even though the latest homestead legislation has been liberally construed so you’re able to effect its mission, the requirement of genuine residence might have been purely construed. (Ibid)
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