Davies v. Platt (In re Yellow House Rest.)
UNPUBLISHED
Debtors, former spouses, filed separate bankruptcy petitions, and both claimed a state law homestead exemption. The parties occupied different parts of the same house, jointly ran a restaurant, and had one minor child together. The Utah statute makes a homestead exemption available only to a "head of family," which requires a relative, who is under debtor's care, to reside with them. Since the minor child was the only qualifying relative, the court ruled that only one exemption could be claimed. The debtors' child primarily lived with his mother in her part of the house, mother had more responsibility for his care, and the child's support was provided, indirectly, by the restaurant. Therefore, the court ruled that only wife could claim the head of family exemption.