PROPERTY CODE

TITLE 5. EXEMPT PROPERTY AND LIENS

SUBTITLE A. PROPERTY EXEMPT FROM CREDITORS' CLAIMS

CHAPTER 41. INTERESTS IN LAND

SUBCHAPTER A. EXEMPTIONS IN LAND DEFINED

Sec. 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(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.
Amended by Acts 1985, 69th Leg., ch. 840, Sec. 1, eff. June 15, 1985;  Acts 1993, 73rd Leg., ch. 48, Sec. 2, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 121, Sec. 1.01, eff. May 17, 1995;  Acts 1995, 74th Leg., ch. 121, Sec. 2.01;  Acts 1997, 75th Leg., ch. 526, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 516, Sec. 1, eff. Sept. 1, 2001.