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Texas Laws | Property Code
PROPERTY CODE
TITLE 5. EXEMPT PROPERTY AND LIENS

(b) Encumbrances may be properly fixed on homestead property for: (2520)

(1) purchase money; (2521)

(2) taxes on the property; (2522)

(3) work and material used in constructing improvements on the property if contracted for in writing as provided by Sections 53.254(a), (b), and (c); (2523)

(4) an owelty of partition imposed against the entirety of the property by a court order or by a written agreement of the parties to the partition, including a debt of one spouse in favor of the other spouse resulting from a division or an award of a family homestead in a divorce proceeding; (2524)

(5) the refinance of a lien against a homestead, including a federal tax lien resulting from the tax debt of both spouses, if the homestead is a family homestead, or from the tax debt of the owner; (2525)

(6) an extension of credit that meets the requirements of Section 50(a)(6), Article XVI, Texas Constitution; or (2526)

(7) a reverse mortgage that meets the requirements of Sections 50(k)-(p), Article XVI, Texas Constitution. (2527)

(c) The homestead claimant's proceeds of a sale of a homestead are not subject to seizure for a creditor's claim for six months after the date of sale. (2528)

Amended by Acts 1985, 69th Leg., ch. 840, Sec. 1, eff. June 15, 1985; Acts 1993, 73rd Leg., ch. 48, Sec. 2, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 121, Sec. 1.01, eff. May 17, 1995; Acts 1995, 74th Leg., ch. 121, Sec. 2.01; Acts 1997, 75th Leg., ch. 526, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 516, Sec. 1, eff. Sept. 1, 2001. (2529)

Sec. 41.002. DEFINITION OF HOMESTEAD. (2530)(Text)

(a) If used for the purposes of an urban home or as both an urban home and a place to exercise a calling or business, the homestead of a family or a single, adult person, not otherwise entitled to a homestead, shall consist of not more than 10 acres of land which may be in one or more contiguous lots, together with any improvements thereon. (2531)

(b) If used for the purposes of a rural home, the homestead shall consist of: (2532)

(1) for a family, not more than 200 acres, which may be in one or more parcels, with the improvements thereon; or (2533)

(2) for a single, adult person, not otherwise entitled to a homestead, not more than 100 acres, which may be in one or more parcels, with the improvements thereon. (2534)

(c) A homestead is considered to be urban if, at the time the designation is made, the property is: (2535)

(1) located within the limits of a municipality or its extraterritorial jurisdiction or a platted subdivision; and (2536)

(2) served by police protection, paid or volunteer fire protection, and at least three of the following services provided by a municipality or under contract to a municipality: (2537)

(A) electric; (2538)

(B) natural gas; (2539)

(C) sewer; (2540)

(D) storm sewer; and (2541)

(E) water. (2542)

(d) The definition of a homestead as provided in this section applies to all homesteads in this state whenever created. (2543)

Amended by Acts 1985, 69th Leg., ch. 840, Sec. 1, eff. June 15, 1985; Acts 1989, 71st Leg., ch. 391, Sec. 2, eff. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 1510, Sec. 1, eff. Jan. 1, 2000; Acts 1999, 76th Leg., ch. 1510, Sec. 2, eff. Sept. 1, 1999. (2544)

Sec. 41.0021. HOMESTEAD IN QUALIFYING TRUST. (2545)(Text)

(a) In this section, "qualifying trust" means an express trust: (2546)

(1) in which the instrument or court order creating the express trust provides that a settlor or beneficiary of the trust has the right to: (2547)

(A) revoke the trust without the consent of another person; (2548)

(B) exercise an inter vivos general power of appointment over the property that qualifies for the homestead exemption; or (2549)

(C) use and occupy the residential property as the settlor's or beneficiary's principal residence at no cost to the settlor or beneficiary, other than payment of taxes and other costs and expenses specified in the instrument or court order: (2550)

(i) for the life of the settlor or beneficiary; (2551)

(ii) for the shorter of the life of the settlor or beneficiary or a term of years specified in the instrument or court order; or (2552)

(iii) until the date the trust is revoked or terminated by an instrument or court order recorded in the real property records of the county in which the property is located and that describes the property with sufficient certainty to identify the property; and (2553)

(2) the trustee of which acquires the property in an instrument of title or under a court order that: (2554)

(A) describes the property with sufficient certainty to identify the property and the interest acquired; and (2555)

(B) is recorded in the real property records of the county in which the property is located. (2556)

(b) Property that a settlor or beneficiary occupies and uses in a manner described by this subchapter and in which the settlor or beneficiary owns a beneficial interest through a qualifying trust is considered the homestead of the settlor or beneficiary under Section 50, Article XVI, Texas Constitution, and Section 41.001. (2557)

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