TX Property Code Section 41 Chpt 11 Completed

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Author:
m1ke_d
ID:
106478
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TX Property Code Section 41 Chpt 11 Completed
Updated:
2011-10-04 19:10:10
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Texas Property
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Section 41 Completed
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  1. 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.
  2. Sec. 41.001. INTERESTS IN LAND EXEMPT FROM SEIZURE

    (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;
  3. Sec. 41.001. INTERESTS IN LAND EXEMPT FROM SEIZURE.

    b) Encumbrances may be properly fixed on homestead property for:

    (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.
  4. Sec. 41.001. INTERESTS IN LAND EXEMPT FROM SEIZURE

    (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.
  5. Sec. 41.002. DEFINITION OF HOMESTEAD.

    (a) If used for the purposes of an urban home or as both an urban home and a place to exercise a calling or business, the homestead of a family or a single, adult person, not otherwise entitled to a homestead, shall consist of not more than 10 acres of land which may be in one or more contiguous lots, together with any improvements thereon.
  6. Sec. 41.002. DEFINITION OF HOMESTEAD

    (b) If used for the purposes of a rural home, the homestead shall consist of:

    (1) for a family, not more than 200 acres, which may be in one or more parcels, with the improvements thereon; or
    (2) for a single, adult person, not otherwise entitled to a homestead, not more than 100 acres, which may be in one or more parcels, with the improvements thereon.
  7. Sec. 41.002. DEFINITION OF HOMESTEAD

    (c) A homestead is considered to be urban if, at the time the designation is made, the property is:

    (1) located within the limits of a municipality or its extraterritorial jurisdiction or a platted subdivision; and
    (2) served by police protection, paid or volunteer fire protection, and at least three of the following services provided by a municipality or under contract to a municipality:
    (A) electric;
    (B) natural gas;
    (C) sewer;
    (D) storm sewer; and
    (E) water.
  8. Sec. 41.002. DEFINITION OF HOMESTEAD

    (d) The definition of a homestead as provided in this section applies to all homesteads in this state whenever created.

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