Texas Homestead

Question 1

Who can establish the homestead?

Answer 1

A homestead may be established by a family or a single adult, and they must have some form of present right to possession of the property.

Question 2

How can a homestead be established?

Answer 2

A homestead can be established with:

• intent to have it your homestead AND
• actual occupation or such acts of preparation that the court can conclude that you were about to occupy it

Question 3

What is the rule regarding rural homesteads?

Answer 3

Rural homesteads cannot be more than 200 acres for a family or 100 acres for a single person. The land does not have to be contiguous but it must have all been used as a homestead which allows for living on part and using the rest in support of the family/single person..

Question 4

What is the rule regarding urban homesteads?

Answer 4

Urban homestead cannot be more than 10 acres and MUST be contiguous.

This includes land located within the limits of a municipality of some sort and is served by police, paid or volunteer fire fighters, and has at least 3 of the following: electric, natural gas, sewer, storm sewer, and water.

Question 5

Permissible liens for homesteads include:

Answer 5

• purchase money
• taxes
• MML for improvements
• owelty of partition judgments
• refinancing of an otherwise permissible lien
• home equity loans and lines of credit
• reverse mortgages
• refinance of a chattel mortgage with the mortgage of land

Question 6

T/F: All owners and spouses of owners must join in all conveyances and encumbrances on the homestead property.

Answer 6

True.

Question 7

T/F: An attempted conveyance of encumbrance without a joinder is void.

Answer 7

True.

Question 8

How do homesteads cease?

Answer 8

Homesteads cease if:

• no surviving spouse or minor children
• not divorce (as long as one remaining former spouse keeps as homestead - right of occupancy)
• abandonment by evidence of non-use and an intention to cease using the property as a homestead