Questions and Professional Answers

• Texas Homestead Law clarification

  A creditor has won a judgment against us and filed a lien on our homestead property.We currently rent the property but intend to return to our homestead in the near future. We have not established a new homestead.Q:Who long can we rent our homestead and still keep the exemption?Can we sell the property with a clear title. Does the lien hurt our ability to sell the homestead property?

  • Re: Texas Homestead Law clarification

    The fact that the property is rented raises a question as to homestead exemption. As it presently stands, you cannot sell with a clear title since the lien attaches to all property that you won in that county.Getting an attorney to clear your title may result in a lawsuit to prove up homestead.

    Peter Bradie
    Bradie, Bradie & Bradie
    6606 FM 1488, Suite 148-363
    Magnolia, TX 77354-2544

• Texas homestead application

  where do I obtain forms for filing for the Texas homestead exemption?

  • Re: Texas homestead application

    Go to www.dcad.org. From your zip code, it appears you are in Dallas County. The forms are there

    Cheryl Rivera Smith
    The Smith Law Firm
    11660 Creek Point Drive
    Frisco, TX 75035-8278

• Homestead Declaration In Texas Unmarried couple

  We are an unmarried couple in Hidalgo County Texas looking to homestead our property the forms we have encountered only refer to a single owner or a married couple. Which form would be correct for a homestead declaration. Thanks W

  • Re: Homestead Declaration In Texas Unmarried couple

    Adjust the form to:Mary Jones, a single person and John Smith, a single person.

    Cheryl Rivera Smith
    The Smith Law Firm
    11660 Creek Point Drive
    Frisco, TX 75035-8278

• Homestead Law / Homestead Exemption

  Wjat states have a homestead law? If these states have homestead exemption, does it protect them from creditors like the homestead act in Texas?

  • Re: Homestead Law / Homestead Exemption

    A homestead exemption is a law which requires the payment of a stated amount of money to the owner of the exemption before the real property in which the homeowner lives is sold at foreclosure. The amount differs from state to state, as does the ability to "waive" or give-up the exemption at the time of signing a mortgage.Most states have a homestead exemption or similar measure which is designed to provide enough money for a defaulting homeowner to start over and avoid bankruptcy or being on public relief.

    Charles Aspinwall
    Charles S. Aspinwall, J.D., LLC
    PO Bx 984
    Los Lunas, NM 87031-0984

• homestead protection

  I understand that Texas has a homestead protection law. does this law apply to out of state property if case is in Texas but I live in Illinois? can I have protection?

  • Re: homestead protection

    Texas has one of the most protective homestead provisions in the country. Unfortunately, it is the Illinois law that will apply to collection attempts made on property in Illinois, regardless of where the judgment comes from.Shell Bleiweisshttp://www.shell-bleiweiss.com

    Shell Bleiweiss
    Law Offices of Shell J. Bleiweiss
    One S. Dearborn St., Suite 2100
    Chicago, IL 60603

• Right to a HOMESTEAD

  I was born and raised in Texas. I have no Land to my name, nor does my family. Can I move into a rural area of land that is currently UNUSED, and begin a homestead, without worry of losing the homestead to the owner of the land?

  • Re: Right to a HOMESTEAD

    No, but you can get a job, save your money, and BUY some land.

    Joseph A. McDermott, III
    Attorney at Law
    3100 Richmond Avenue, Suite 403
    Houston, TX 77098

• Homestead

  I am a single person wanting to file a homestead form in Texas for a home I live in in Guadalupe County. However, I divorced last year and my ex and I had filed a homestead in Bexar County. The house was awarded to him and he has ALL responsibilities towards it. I am on title but not on the loan. Can I still file my own single-person homestead form for myself even though my ex hasn't done anything to remove me from the title nor the Bexar County homestead?

  • Re: Homestead

    Yes. Also, you should consult with your divorce attorney to see if the divorce decree requires a deed to your ex from you. That deed could be filed in the deed records in Bexar County. If the divorce decree describes the property received by your ex sufficiently, a certified copy of the decree can be filed in the deed records of Bexar County to show that title to the Bexar County property was awarded to your ex. None of this will remove you from the note for the Bexar County property if there is a note that you signed concerning that property.

    Spencer Gardner
    Spencer Gardner, Attorney & Counselor at Law
    2777 Allen Parkway, Suite 1000
    Houston, TX 77019

• Garnishment of homestead

  There was a judgement granted agianst my husband about 15 years ago. This judgement was never satisfied. About two weeks ago the creditor sold a piece of rental property we jointly owned in Texas. How were they able to do this when the judgement was only aginst my husband? Our homestead is in Arkansas. Can the creditor garnish our homestead?

  • Re: Garnishment of homestead

    The Texas property was community property. That means it was liable for the debts of the community. The judgment against your husband was a community debt under Texas law.You'd have to speak with an Arkansas lawyer to see if your Arkansas homestead is exempt from levy.

    Peter Bradie
    Bradie, Bradie & Bradie
    6606 FM 1488, Suite 148-363
    Magnolia, TX 77354-2544

• Desination Homestead

  I just need to know where I can obtain a Designation of Homestead form for a Texas resident. I understand this form will inable any liens towards my house.Please advise.Thanks,

  • Re: Desination Homestead

    You can get the forms from your county Appraisal District.

    Peter Bradie
    Bradie, Bradie & Bradie
    6606 FM 1488, Suite 148-363
    Magnolia, TX 77354-2544

• What good is an abstract of judgment in Texas?

  Hi All,Of what use is an abstract of judgment in Texas? Since a homestead is exempt, it seems to me that an abstract would only result in payment to a judgment creditor if the debtor happened to own non-exempt land.At first, I was under the impression that an abstract could be used to sieze a homeowner's equity when he sold his home - but now I've found that the property code even exempts the proceeds of a homestead sale.Any idea why I'd want to file an abstract?

  • Re: What good is an abstract of judgment in Texas?

    It gives you a lien on all non-exempt real property, now and in the future, located in the county where it is filed. Sometimes the judgment is paid when the homestead is sold just to get it off the credit report. The abstract is good for ten years and can be renewed when the judgment is renewed.Remember that the proceeds of a homestead sale only carry the characteristics of homestead for a period of six months, unless reinvested in a new homestead.

    Peter Bradie
    Bradie, Bradie & Bradie
    6606 FM 1488, Suite 148-363
    Magnolia, TX 77354-2544