§ 1230. Where a person having a power of revocation, within the provisions of the last section, is not entitled to execute it until after the time at which he makes such a grant or charge as is described in that section, the power is deemed to be executed as soon as he is entitled to execute it.

§ 1231. Other provisions concerning unlawful_transfers are contained in Part II., Division Fourth, of this Code, concerning the Special Relations of Debtor and Creditor.

TITLE V.

HOMESTEADS.

CHAPTER I. GENERAL PROVISIONS, §§ 1237-1261.

II. HOMESTEAD OF THE HEAD OF A FAMILY, §§ 12621265.

III. HOMESTEAD OF OTHER PERSONS, §§ 1266-1269.

CHAPTER I.

GENERAL PROVISIONS.

SECTION 1237. Homestead, of what it consists

1238. From what it may be carved.

1239. From what not.

1240. Exempt from forced sale

1241. Subject to, when.

1242. How conveyed or incumbered

1243. How abandoned.

1244. Same.

1245. Proceedings on execution against homestead.

1246. Same.

1247. Same.

1248. Same.

1249. Same.

1250. Same.

1251. Same.

1252. Same.

1253. Same.

1254. Same.

1255. Same.

1256. Same.

1257. After sale, money equal to homestead exemption pro

tected.

a

SECTION 1258. Compensation of appraisers.

1259. Costs.

1260. Who may select homestead, value of.
1261. Head of family defined.

§ 1237. The homestead consists of the dwelling-house in which the claimant resides, and the land on which the same is situated, selected as in this title provided. [In effect July 1, 1874.]

52 Cal. 630.

§ 1238. If the claimant be married, the homestead may be selected from the community property, or the separate property of the husband, or, with the consent of the wife, from her separate property. When the claimant is not married, but is the head of a family, within the meaning of section one thousand two hundred and sixty-one, the homestead may be selected from any of his or her property. [In effect July 1, 1874.]

§ 1239. The homestead cannot be selected from the separate property of the wife without her consent, shown by her making, or joining in making, the declaration of homestead. [In effect July 1, 1874.]

§ 1240. The homestead is exempt from execution or forced sale, except as in this title provided.

54 Cal. 83.

§ 1241. The homestead is subject to execution or forced sale in satisfaction of judgments obtained:

1. Before the declaration of homestead was filed for record, and which constitute liens upon the premises;

2. On debts secured by mechanics', laborers', or vendors' liens upon the premises;

3. On debts secured by mortgages on the premises, executed and acknowledged by the husband and wife, or by an unmarried claimant ;

4. On debts secured by mortgages on the premises, executed and recorded before the declaration of homestead was filed for record. In effect April 5, 1880.]

58 Cal. 1, 378, 429, 598.

§ 1242. The homestead of a married person cannot be conveyed or incumbered, unless the instrument by which it is conveyed or incumbered is executed and acknowledged by both husband and wife.

See Act of April 1, 1872, To promote Irrigation, Appendix, p. 474.

§ 1243. A homestead can be abandoned only by a declaration of abandonment, or a grant thereof, executed and acknowledged:

1. By the husband and wife, if the claimant is married; 2. By the claimant, if unmarried.

58 Cal. 15.

§ 1244. A declaration of abandonment is effectual only from the time it is filed in the office in which the homestead was recorded.

§ 1245. When an execution for the enforcement of a judgment obtained in a case not within the classes enumerated in section 1241, is levied upon the homestead, the judgment creditor may apply to the Superior Court of the county in which the homestead is situated for the appointment of persons to appraise the value thereof. [In effect April 5, 1880.]

§ 1246. The application must be made upon a verified petition, showing:

1. The fact that an execution has been levied upon the homestead;

2. The name of the claimant ;

3. That the value of the homestead exceeds the amount of the homestead exemption.

§ 1247. The petition must be filed with the clerk of the Superior Court. [In effect April 5, 1880.]

§ 1248. A copy of the petition, with a notice of the time and place of hearing, must be served upon the claimant, at least two days before the hearing.

§ 1249. At the hearing the judge may, upon proof of the service of a copy of the petition and notice, and of the facts stated in the petition, appoint three disinterested residents of the county to appraise the value of the homestead.

§ 1250. The persons appointed, before entering upon the performance of their duties, must take an oath to faithfully perform the same.

§ 1251. They must view the premises and appraise the value thereof, and if the appraised value exceeds the hometead exemption they must determine whether the land laimed can be divided without material injury.

§ 1252. Within fifteen days after their appointment they must make to the judge a report in writing, which report must show the appraised value and their determination upon the matter of a division of the land claimed.

§ 1253. If, from the report, it appears to the judge that the land claimed can be divided without material injury, he must, by an order, direct the appraisers to set off to the claimant so much of the land, including the residence, as will amount in value to the homestead exemption, and the execution may be enforced against the remainder of the land.

52 Cal. 630.

§ 1254. If, from the report, it appears to the judge that the land claimed exceeds in value the amount of the homestead exemption, and that it cannot be divided, he must make an order directing its sale under the execution.

§ 1255. At such sale no bid must be received, unless it exceeds the amount of the homestead exemption.

§ 1256. If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant, and the balance applied to the satisfaction of the execution.

§ 1257. The money paid to the claimant is entitled, for the period of six months thereafter, to the same protection against legal process and the voluntary disposition of the husband, which the law gives to the homestead. [In effect July 1, 1874.]

§ 1258. The court must fix the compensation of the appraisers, not to exceed five dollars per day each for the time actually engaged.

§ 1259. The execution creditor must pay the costs of these proceedings in the first instance; but in the cases provided for in sections 1253 and 1254 the amount so paid must be added as costs on execution, and collected accordingly.

§ 1260. Homesteads may be selected and claimed:

1. Of not exceeding five thousand dollars in value by any nead of a family ;

2. Of not exceeding one thousand dollars in value by any other person.

$1261. The phrase "head of a family," as used in this title, includes within its meaning:

1. The husband, when the claimant is a married person; 2. Every person who has residing on the premises with him or her and under his or her care and maintenance, either: (1.) His or her minor child, or the minor child of his or her deceased wife or husband;

(2.) A minor brother or sister, or the minor child of a deceased brother or sister;

(3.) A father, mother, grandfather, or grandmother;

(4.) The father, mother, grandfather, or grandmother of a deceased husband or wife;

(5.) An unmarried sister, or any other of the relatives mentioned in this section who have attained the age of majority, and are unable to take care of or support themselves. [In effect July 1, 1874.]

Property exempt from execution to be set apart for family. Code Civ Proc. §§ 1465-1470.

CHAPTER II.

HOMESTEAD OF THE HEAD OF A FAMILY.

SECTION 1262. Mode of selection.

1263. Declaration of homestead.

1264. Declaration must be recorded.

1265. Tenure by which homestead is held.

§ 1262. In order to select a homestead, the husband or other head of a family, or in case the husband has not made such selection, the wife must execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of homestead, and file the same for record. [In effect July 1, 1874.]

§ 1263. The declaration of homestead must contain :

1. A statement, showing that the person making it is the head of a family; or, when the declaration is made by the wife, showing that her husband has not made such declaration, and that she therefore makes the declaration for their joint benefit;

2. A statement that the person making it is residing on the premises, and claims them as a homestead;

3. A description of the premises;

4. An estimate of their actual cash value. [In effect July i, 1874.]

52 Cal 335 54 Cai 620, 5 Cal 136