Real occupancy try lack of itself to determine actual residency
For example, our very own law has enough time safe a beneficial “home” off losings owing to execution because of the loan providers by permitting the fresh borrower in order to state good homestead. “The latest [Homestead] Operate was built upon the idea that it is best for the entire passions that each and every nearest and dearest need property, a spot to abide when you look at the, a palace, in which it can discover safety off monetary catastrophes and you will protection facing the latest quest for financial institutions who have provided borrowing to the complete knowledge which they don’t cross its tolerance.” (Gregg v. Bostwick (1867) 33 Cal. 220, 228.) But including security is not built upon an idea every nearest and dearest need capable hold specific plot of land 100 % free in the arrived at out of creditors whether they functions as your family family. (Ibid) Therefore, this has been constantly kept one in order to make-up an excellent good homestead the brand new claimant need in fact alive on land when the brand new report are recorded. (Bullis v. Staniford (1918) 178 Cal. 40, forty-five [171 P. 1064].) Even though brand new homestead laws might have been liberally construed so you’re able to impression its goal, the requirement away from actual quarters might have been purely construed. (Ibid)