September 05, 2010  * Information for Buyers and Sellers * Homestead Information  
  Homestead Information
 

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:

  1. Purchase Money Liens, 
  2. Valid Repair and Improvement Liens,
  3. Liens to pay off ad valorem or federal tax liens,
  4. Liens created in Owelty matters (divorces, etc.), and
  5. 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.

Rattikin Title Wants You to Know...

...that, as owners of a new home, you may be entitled to certain property Tax Exemptions. Applications for such exemptions must be made to the appropriate Appraisal District between January 1 and April 30. In making application you must provide the legal description of your property.

...that the amount of each exemption (how much it's worth to you in value) is determined by locally elected officials (school boards, city councils, commissioner's courts) and the Texas Legislature. Types of homestead exemptions are as follows:

General Residential Homestead

Over-65 Residential Homestead

Disabled Person Residential Homestead

Over-55 Surviving Spouse of a person who received the over-65 exemption

The tax offices of these taxing authorities will furnish you with information pertaining to these exemptions and eligibilities. ...that once the exemptions are granted, they are usually recognized year after year without reapplication, unless owners move or qualify for another exemption for the first time. When that occurs, a new application is required. A new application is also required if the owner wishes to have the exemptions applied to different property not already listed in a previous application. The property owner has a duty to notify the chief appraiser in writing if and when a right to an exemption ends. All applications for exemptions or changes should be handled through the appropriate Appraisal District Office:

Tarrant County Appraisal District
2500 Handley Ederville Road
Fort Worth, TX 76118
(817) 284-0024
www.tad.org

Parker County Appraisal District
1108 Santa Fe Drive
Weatherford, TX 76086
(817) 596-0077
www.parkercad.org

Dallas County Appraisal District
2949 North Stemmons Freeway
Dallas, TX 75247
(214) 631-0910
www.dallascad.org

Denton County Appraisal District
3911 Morse
Denton, TX 76208
(940) 349-3800
www.dentoncad.org


Johnson County Appraisal District
109 North Main
Cleburne, TX 76033
(817) 645-3986
www.johnsoncad.org

Collin County Appraisal District
250 W. Eldorado Pkwy
Mc Kinney, TX 75069
(469) 742-9200
www.collincad.org

Hood County Appraisal District
1902 W. Pearl St.
Granbury, TX 75048
(817) 573-2471
www.hood-cad.org

 


Rattikin Title - Member, AmeriPoint Title Alliance
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