Declaration of Homestead

The declaration of homestead must contain:

(a)a statement showing that the person making it is the head of a family, and if the claimant is married, the name of the spouse; or when the declaration is made by a married person without the joinder of his or her spouse, in the execution and acknowledgment of the declaration, showing that the other spouse has not made such declaration and that he or she therefor makes the declaration for their joint benefit;

(b)a statement that the person making it is residing on the premises, and claims them as a homestead;

(c)a description of the premises; and

(d)such declaration of homestead may further contain a statement of the character of the property sought to be homesteaded, showing the improvement or improvements which have been affixed thereto, with sufficient detail to show that it is a proper subject of homestead, and that no former declaration has been made, or, if made, that it has been abandoned COL120106 CH. 43 HOMESTEADS and if it contains such further statement and the declaration is supported by the affidavit of the declarant, annexed thereto, that the matters therein stated are true of his or her own knowledge, such declaration, when property recorded, shall be prima facie evidence of the facts therein stated, and conclusive evidence thereof in favor of a purchaser or encumbrancer in good faith and for a valuable consideration. The declaration of a homestead shall not affect the property rights of spouses as between themselves other than as provided by this Chapter.