Cook

George O. Cook and Minnie M. Cook, husband and wife, acquired property in 'California as joint tenants and declared a homestead thereon. Shortly thereafter the husband left the homestead and deserted his wife. A default divorce was granted to the wife. There was no mention of the property or of homestead rights in either the interlocutory or the final decree. The wife was awarded custody of a minor daughter, together with an allowance for her support.

Mrs. Cook, with her minor daughter, resided upon the homestead until she left it in March, 1943. After that date George O. Cook returned and resided on the homestead with the daughter. In September, 1944, the daughter left to reside with her mother. After the divorce (July 1, 1943) Mr. Cook remarried and has since lived, on the homestead with his second wife.

Bankruptcy proceedings were filed on June 13, 1944, by both George O. and Minnie M. Cook, in which schedules filed by each of them listed the property and claimed exemption thereof as a homestead At the date of the filing of the petitions in bankruptcy, the bankrupts were indebted to the Master Lubricants Company in the sum of $2,777.16, and a claim was filed and allowed for…