Ca courts enjoys likewise construed a requirement out of genuine residence in the analogous contexts
Real occupancy is decreased itself to determine genuine home
Like, all of our legislation has actually long secure good “home” out-of losses courtesy execution by the financial institutions by permitting brand new borrower so you can declare an excellent homestead. “Brand new [Homestead] Work try depending abreast of the theory it is good for the entire welfare that every relatives need to have a house, a destination to abide within the, a palace, in which it does find safety regarding economic disasters and you can cover against the new pursuit of loan providers who have considering borrowing for the complete knowledge that they don’t cross its threshold.” (Gregg v. Bostwick (1867) 33 Cal. 220, 228.) However, such shelter isnt depending through to a thought all the nearest and dearest should-be in a installment loan company Delta CO position to hold specific parcel of land free about arrive at away from loan providers irrespective of whether they functions as the household house. (Ibid) Therefore, it’s been continuously stored you to to form good valid homestead the fresh claimant need to indeed live towards the homes when the new report is actually filed. (Bullis v. Staniford (1918) 178 Cal. forty, 45 [171 P. 1064].) Although the newest homestead laws might have been liberally construed to perception the purpose, the necessity off actual household has been strictly construed. (Ibid)