¶1 The owner of a homestead right cannot convey or incumber it during the lifetime of his wife without her consent, or the approval of the judge of probate if she is not of *311 sound mind. She is entitled to occupy it during her life. P. S., e. 138, ss. 2, 4. A voluntary separation does not deprive her of the right to occupy it. Meader v. Place, 43 N. H. 307. It may be as important for her protection against her husband and those claiming under him, as for her protection against his creditors, that the homestead right be set off by metes and bounds (Atkinson v. Atkinson, 40 N. H. 249, 251), especially if the estate in which it exists is of greater value than $500; and hence the statute expressly provides that it may be set off on her petition. P. S., c. 138, s. 16.
68 N.H. 310
34 A 743
Folsom v. Folsom
Supreme Court of New Hampshire
Decided June 5, 1895
Supreme Court of New Hampshire · decided 1895-06-05
Petition, for the set-off of a homestead. Facts found by the court. The defendant is the plaintiff’s husband and the owner ■ of the homestead, which is of greater value than $500. He owns no other real estate. Since 1881 the parties have not lived together, but the plaintiff has resided and now resides on the premises. The defendant claims that the petition cannot be maintained.
Cited by 1 later decisions — most recently August 1907
1 state decisions
Relies on Meader v. Place · Atkinson v. Atkinson
Good law ✅— No negative treatment on recordhow we know
Case discharged · Decided 1895-06-05
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