Parker v. Johnson

I agree with the majority’s statement that the decisive question in this case is whether Robert intended to abandon his homestead rights in the property. However, because I believe the majority errs in its conclusion regarding Robert’s intent, I must respectfully dissent.

In this case, the trial court made the following findings:

The issue is whether Robert Johnson had a homestead interest in the property.... Robert Johnson had long possessed the property as a homestead. He was forced to move out by the dynamics of the divorce but considered the move temporary in nature. He signed an apartment…