Author Question: How do Homestead laws protect the home of a defendant during a lawsuit? What will be an ideal ... (Read 32 times)

LCritchfi · **on:** Jul 26, 2018

How do Homestead laws protect the home of a defendant during a lawsuit?

What will be an ideal response?

Question 2

Explain counterclaims and how they are used during the initiation of lawsuits.

What will be an ideal response?

1_Step_At_ATime · **Reply #1 on:** Jul 26, 2018

Answer to Question 1

If a state has a Homestead Act, and a homeowner has applied and received acceptance of protection for their home under the act, then their home, or a portion of the proceeds obtained from the sale of their home, could be protected during a lawsuit or demands of creditors. This act also protects surviving spouses from losing their home when one spouse passes away.

Answer to Question 2

Defendants have the legal right to file a counter claim against a plaintiff, or against someone else that is involved in whatever action results in the lawsuit being originally filed by the plaintiff and this is called a cross-complaint. The parties that are named in a cross-complaint are the cross-defendants. Plaintiffs have to respond to counterclaims within the stated period of time.