Mullikin v. Jones

OPINION

By the Court,

Badt, J.:

The main two questions presented on this appeal are:

A. When premises are held by a husband and wife as joint tenants, does the occupancy of said premises as a home prevent alienation by the husband of his interest without the wife’s joining in the conveyance? Or, differently expressed, does an undeclared homestead under such circumstances, fall within the constitutional and statutory prohibition against unilateral alienation by the husband?

B. Where property occupied by a husband and wife as their home is held by them in joint tenancy, is a transmutation from such…