The homestead must embrace the house used as a home by the owner thereof, and if he has two or more houses thus used by him at different times and places, he may select which he will retain as his homestead. [Sec.3159.] The husband may select his homestead and make the same his home without the consent of his wife, and the absence of the wife will not affect its homestead character.  The fact that the husband is the legal head of the family invests him with the power of establishing his home wherever he may choose, with or without the assent of his wife.  Use is essential to give property a homestead character, and an intention to occupy is not sufficient in the absence of actual residence.

[Sidenote:  Embraces what.]

It may contain one or more lots or tracts of land with the buildings thereon and other appurtenances, subject to the limitations contained in the next section, but must in no case embrace different lots or tracts, unless they are contiguous, or unless they are habitually and in good faith used as a part of the same homestead. [Sec.3170.]

[Sidenote:  Extent.]

If within a town plat it must not exceed one-half an acre in extent, and if not within a town plat, it must not embrace in the aggregate more than forty acres.  But if, when thus limited, in either case, its value is less than five hundred dollars, it may be enlarged until it reaches that amount. [Sec.3171.]

[Sidenote:  Dwelling appurtenances.]

It must not embrace more than one dwelling house, or any other buildings except as such are properly appurtenant to the homestead; but a shop or other building situated thereon, and really used and occupied by the owner in the prosecution of his own ordinary business, and not exceeding three hundred dollars in value, may be deemed appurtenant to such homestead. [Sec.3172.]

[Sidenote:  Selecting.  Platting.]

The owner or the husband or wife, may select the homestead and cause it to be marked out, platted, and recorded as provided in the next section.  A failure in this respect does not leave the homestead liable, but the officer having an execution against the property of such defendant, may cause the homestead to be marked off, platted and recorded and may add the expense thence arising to the amount embraced in the execution. [Sec.3173.]

[Sidenote:  Description.  Recording.]

The homestead shall be marked off by fixed and visible monuments, and in giving the description thereof, the direction and distance of the starting point from some corner of the dwelling-house shall be stated.  The description and plat shall then be recorded by the recorder in a book to be called the “homestead book,” which shall be provided with a proper index. [Sec.3174.]

[Sidenote:  Changes.]

The owner may from time to time change the limits of the homestead by changing the metes and bounds, as well as the record of the plat and description, or may change it entirely, but such changes shall not prejudice conveyances or liens made or created previously thereto, and no change of the entire homestead made without the concurrence of the husband or wife, shall affect his or her right or those of the children. [Sec.3175.]