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what happens to our property

Posted on: 03rd Nov, 2006 03:47 pm
what rights do I have in case my husband dies, he has a family homestead over the property in Texas. can creditors take our home
Hi Hyson,

In case your husband dies as a surviving spouse you will be entitled to occupy and use the homestead for your remaining life.

And also for as long you want to use the homestead, however it will be applicable as long as you occupy or use the property that has the homestead.

Posted on: 03rd Nov, 2006 03:59 pm
let me add some more points. the homestead is protected against forced sale by creditors as long as you as the surviving spouse choose to occupy and use it.

but some kind of creditors can get a judgment and force sale of the property. creditors with following kinds of liens can force sale of property for recovery of their dues:

#purchase money liens,
#any tax liens,
#certain kinds of owelties on partition of the homestead property,
#liens because of refinancing of any valid lien which is present on the homestead,
#if a person has taken a home equity loan,
#or a reverse mortgage is taken,
#any financing of manufactured homes,
#amounts taken for improvement of the homestead property

Posted on: 03rd Nov, 2006 04:19 pm
As you are living in Texas, the advantage you have is that there is protection for the full value of your house from creditors with the exceptional credit situations Van mentioned.
Posted on: 03rd Nov, 2006 04:44 pm
Hi Hyson,

Homestead laws are applied in most states in the United States in order to prevent the forced sale of home by creditors and the surviving spouse with shelter after the death of the homeowner spouse. Only family members can retain the property under homestead. As long as the homestead does not exceed in area or value the limit decided upon by law, the property under homestead is exempt from forced sale for retrieving the unpaid loan balance.

In Texas, the homestead exemption is automatic; unlike other states, you need not file a claim for the exemption.

Posted on: 05th Nov, 2006 08:02 pm
In Texas, homestead laws prevent a creditor (except the mortgage holder, a taxing authority or a person holding a note created for a home improving loan) from forcing the sale of property under homestead in order to fulfill the non-payment of any debt.
Posted on: 05th Nov, 2006 09:12 pm
my parents died last year. is their house still protected if my sister live in it now
Posted on: 22nd Jan, 2013 12:02 pm
Hi looker,

Your sister will have to file for an homestead in her name in order to keep on the homestead protection. In order to do so, the property should be in her name.

Posted on: 22nd Jan, 2013 09:28 pm
For getting the homestead exemptions, you have to reside in the house. Anyways, to know more about homestead exemptions, log on to
Posted on: 23rd Jan, 2013 02:06 am
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