Bob Ratliff Blog: Time for Texans to file their Texas Homestead Exemption

Time for Texans to file their Texas Homestead Exemption

Time for Texans to file their Texas Homestead Exemption

Texas Homestead Exemptions


Homestead exemptions remove part of your home's value from taxation, so they lower taxes. Only a homeowner's principal residence qualifies.

You must file an Application for Residential Homestead Exemption with the county appraisal district between January 1 and April 30 of the tax year: up to one year after you pay your taxes.

During the year, if you turn 65 or become disabled, you must apply for the 65 or older or disabled exemption no later than one year from the qualification date. Once you receive the exemption, you do not need to reapply unless the chief appraiser sends

 

Helpful Links: Travis County     Williamson County

Homestead Exemption in TexasTHE TEXAS HOMESTEAD
 
In Texas, the homestead is the place of residence for a family or a single person, secure from forced sale by general creditors. The Texas Constitution gives each spouse, or single person, a possessory right in the homestead, whic is lost only by death or abandonment, and cannot be compromised by waiver or voluntary act of the homestead owner.

The term exemption, as used in the state Constitution, stems from the concept that the homestead is exempt from forced sale by a homestead claimant's general creditors. The homestead cannot ever be mortgaged unless the mortgage is for one of the following the seven purposes

      1.    To obtain money to finance the purchase of the homestead;
      2     To obtain money to pay taxes due on the homestead;
      3.    To obtain money to improve the homestead (home improvement loan)
      4.    To obtain money to finance the purchase by one co-owner of another co-owner’s interest in the
             homestead, by either agreement or court order (such as in a divorce decree);
      5.    To obtain money to pay off a federal tax lien;
      6.    To obtain money from a home equity loan; or
      7.    To obtain money from a reverse mortgage.


 
Article 16. Section 50 of the Texas Constitution sets forth the protection provided to the homestead
owner. Simply stated, a homeowner is protected from forced sale by his general creditors except for:
 
 
 
     (1)   the purchase money mortgage on the homestead;
     (2)   taxes due on the homestead;
     (3)   liens for work and materials used in improving the homestead provided
            a. the contract to do the work was in writing and
            b. signed by both husband and wife prior to the commencement of work.
            c. filed for record in the county of the homestead
 
(Unfortunately, many home improvement loan situations do not follow the requirements specified in (3)a, b & c above, resulting in the loss of financing ability)
 
     (4)   a loan to buy out a co-owner’s (or ex-spouse’s) interest in the homestead as part of a divorce decree
            or partition arrangement.     
     (5)   a loan to pay off and release federal tax lien filed for the tax debt of BOTH spouses (or taxes
            owed by the homestead owner if single)
     (6)   a home equity loan made pursuant to the requirements of the Texas Constitution
     (7)   a reverse mortgage made pursuant to the requirements of the Texas Constitution
 
 
 
In order to prevent the legislative branch of the government from casually changing the homestead
exemption, the exemption was incorporated into the State Constitution in 1845. Now only constitutional
amendments may change the substance of the exemption.

 

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Comment balloon 4 commentsBob Ratliff • January 07 2013 01:47PM

Comments

Bob I love that log cabin.   Your post is a great reminder for Texans to file for the Homestead Exemption.

 

Posted by Jennifer Fivelsdal, Mid Hudson Valley real estate connection ( JFIVE Home Realty LLC | 845-758-6842|162 Deer Run Rd Red Hook NY 12571) almost 7 years ago

Nice way to get the word out about the Texas Homestead Exemption and also thanks for stopping by and commenting on our blog this morning...

Posted by Lawrence "Larry" & Sheila Agranoff. Cell: 631-805-4400, Long Island Home and Condo Specialists (The Top Team @ Charles Rutenberg Realty 255 Executive Dr, Plainview NY 11803) almost 7 years ago

Bob, we in Florida also enjoy a great Homestead  Exemption!

  Isn't it wonderful to live in a State that enjoys Fiscal Sanity?

   Love the Cabin Pic!

Posted by Fred Griffin, on leave of absence from ActiveRain, Licensed Florida Real Estate Broker (Fred Griffin Real Estate) almost 7 years ago

Bobby, thank you for reminding me to send this out to my buyers, have a nice day.

Posted by Peggy Jo Taylor, REALTOR, Barksdale & Camp Wood Real Estate (Canyon Vista Realty ) almost 7 years ago

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