Texas has a very generous and protective homestead law. A homestead property is a home owned and occupied by the head of the family and is protected from forced sale, except from liens validly placed thereon. Also, the proceeds of its sale are exempt for a period of six months after the sale. The only valid liens against a homestead are: - Purchase Money Liens,
- Valid Repair and Improvement Liens,
- Liens to pay off ad valorem or federal tax liens,
- Liens created in Owelty matters (divorces, etc.), and
- Valid home equity liens.
An urban homestead can be up to an acre in size together with all improvements without regard to value and may be claimed by a single person or a married couple. If the head of the household also owns a place of business where the business of the head of household is carried out it might also be claimed as a business homestead. A rural homestead may include up to 100 acres for a single person or 200 acres for a married couple. If more acreage is owned than is exempt, the part claimed as homestead may be designated. Where property is homestead, and the owner is survived by a spouse, minor children, or unmarried children residing in the homestead, it passes free of general debts of the deceased. Minor children or unmarried children, residing in the homestead have certain rights to continue occupancy and retain the homestead designation, even after the death of either, or both of their parents. For information about homestead in Texas, please consult your attorney. |