Tex.
Prop. Code Section 41.001
Interests in Land Exempt from Seizure
(a)
A homestead and one or more lots used for a place of burial of the dead are exempt from seizure for the claims of creditors except for encumbrances properly fixed on homestead property.(b)
Encumbrances may be properly fixed on homestead property for:(1)
purchase money;(2)
taxes on the property;(3)
work and material used in constructing improvements on the property if contracted for in writing as provided by Sections 53.254 (Contractual Requirements for Lien on Homestead)(a), (b), and (c);(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;(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;(6)
an extension of credit that meets the requirements of Section 50(a)(6), Article XVI, Texas Constitution; or(7)
a reverse mortgage that meets the requirements of Sections 50(k)-(p), Article XVI, Texas Constitution.(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.
Source:
Section 41.001 — Interests in Land Exempt from Seizure, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.41.htm#41.001 (accessed Jun. 5, 2024).
