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.
Notes of Decisions
Romo v. Montemayor (In re Montemayor) (2016)
txsb · cites it 7×
“2014), which held that Texas Prop. Code § 41.001 provided a 6-month timeframe for reinvestment of proceeds from the sale of a homestead and that noncompliance rendered the proceeds non-exempt and subject to creditor claims.”
Hawk v. Engelhart (In Re Hawk) (2017)
ca5 · cites it 3×
“Similarly, Texas Property Code § 41.001(a) indicates that a homestead is “exempt from seizure for the claims of creditors except for encumbrances properly fixed on homestead property.”
Viegelahn v. Frost (In Re Frost) (2014)
ca5 · cites it 4×
“Facts and Proceedings When Frost filed his bankruptcy petition, his homestead in Cíbolo, Texas, was exempted from the bankruptcy estate under Texas Property Code section 41.001(a). Subsequently, he sold the property and used some of the funds for non-bankruptcy expenses.”
In re D'Avila (2013)
txwb · cites it 8×
“These cases support the conclusion that as of the date she filed for bankruptcy and claimed her homestead exemption, the Debtor had an unchallenged exemption in her actual homestead under Texas Property Code § 41.001(a), without either the benefits or the burdens of Texas…”
In Re Sissom (2007)
txsb · cites it 3×
“Tex. PROp.Code Ann. § 41.001 (Vernon 2006).”
Neso Acceptance Corp. v. Jay (In Re Jay) (2005)
ca5 · cites it 4×
“1985) (holding that amendment receives retroactive application because TEX. PROP. CODE § 41.001(c) provides retroactivity); In re Barnhart, 47 B.”
Newman v. State (1996)
texcrimapp · cites it 4×
“[8] Tex. Prop.Code Ann. § 41.001 provides in part: (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.”
In Re Garza (2005)
texapp · cites it 2×
“XVI, § 50; Tex. Prop.Code Ann. § 41.001 (Vernon Supp.”
PaineWebber, Inc. v. Murray (2001)
txed · cites it 3×
“The Creditors timely appeal and raise the following issues for review: a) Is [Murray] entitled to exempt all real property and a mobile home listed on his Schedule C (of exemptions), as amended, as a rural homestead under Texas Property Code §§ 41.001 and 41.002? b) Is [Murray]…”
In re Hawk (2015)
txsb · cites it 7×
“Frost involved a debtor who sold an exempt homestead during the pendency of a Chapter 13 case and failed to reinvest the sale proceeds in another exempt homestead within six months as required to maintain the exemption under state law (Texas Property Code § 41.”
Norris v. Thomas (2007)
tex · cites it 2×
“[10] The Property Code recognizes a general homestead exemption from creditors, TEX. PROP. CODE § 41.001(a), and defines homestead as follows: (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…”
— Tex. Prop. Code § 41.001(2001) — 1 case
— Tex. Prop. Code § 41.001(4) — 1 case
— Tex. Prop. Code § 41.001(C) — 1 case
— Tex. Prop. Code § 41.001(a) — 42 cases
Hawk v. Engelhart (In Re Hawk) (2017)
ca5
“Similarly, Texas Property Code § 41.001(a) indicates that a homestead is “exempt from seizure for the claims of creditors except for encumbrances properly fixed on homestead property.”
Norris v. Thomas (2007)
tex
“[10] The Property Code recognizes a general homestead exemption from creditors, TEX. PROP. CODE § 41.001(a), and defines homestead as follows: (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…”
Viegelahn v. Frost (In Re Frost) (2014)
ca5
“Facts and Proceedings When Frost filed his bankruptcy petition, his homestead in Cíbolo, Texas, was exempted from the bankruptcy estate under Texas Property Code section 41.001(a). Subsequently, he sold the property and used some of the funds for non-bankruptcy expenses.”
Romo v. Montemayor (In re Montemayor) (2016)
txsb
“2014), which held that Texas Prop. Code § 41.001 provided a 6-month timeframe for reinvestment of proceeds from the sale of a homestead and that noncompliance rendered the proceeds non-exempt and subject to creditor claims.”
— Tex. Prop. Code § 41.001(a)(2) — 2 cases
— Tex. Prop. Code § 41.001(a)(b)(3) — 1 case
— Tex. Prop. Code § 41.001(b) — 13 cases
Romo v. Montemayor (In re Montemayor) (2016)
txsb
“2014), which held that Texas Prop. Code § 41.001 provided a 6-month timeframe for reinvestment of proceeds from the sale of a homestead and that noncompliance rendered the proceeds non-exempt and subject to creditor claims.”
— Tex. Prop. Code § 41.001(b)(1) — 2 cases
— Tex. Prop. Code § 41.001(b)(2) — 1 case
— Tex. Prop. Code § 41.001(b)(3) — 3 cases
— Tex. Prop. Code § 41.001(c) — 42 cases
In re D'Avila (2013)
txwb
“These cases support the conclusion that as of the date she filed for bankruptcy and claimed her homestead exemption, the Debtor had an unchallenged exemption in her actual homestead under Texas Property Code § 41.001(a), without either the benefits or the burdens of Texas…”
Viegelahn v. Frost (In Re Frost) (2014)
ca5
“Facts and Proceedings When Frost filed his bankruptcy petition, his homestead in Cíbolo, Texas, was exempted from the bankruptcy estate under Texas Property Code section 41.001(a). Subsequently, he sold the property and used some of the funds for non-bankruptcy expenses.”
Romo v. Montemayor (In re Montemayor) (2016)
txsb
“2014), which held that Texas Prop. Code § 41.001 provided a 6-month timeframe for reinvestment of proceeds from the sale of a homestead and that noncompliance rendered the proceeds non-exempt and subject to creditor claims.”
— Tex. Prop. Code § 41.001(e) — 1 case
Romo v. Montemayor (In re Montemayor) (2016)
txsb
“2014), which held that Texas Prop. Code § 41.001 provided a 6-month timeframe for reinvestment of proceeds from the sale of a homestead and that noncompliance rendered the proceeds non-exempt and subject to creditor claims.”
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