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.
(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.
(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.
(d) The definition of a homestead as provided in this section applies to all homesteads in this state whenever created.
Amended by Acts 1985, 69th Leg., ch. 840, Sec. 1, eff. June 15, 1985; Acts 1989, 71st Leg., ch. 391, Sec. 2, eff. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 1510, Sec. 1, eff. Jan. 1, 2000; Acts 1999, 76th Leg., ch. 1510, Sec. 2, eff. Sept. 1, 1999.
Notes of Decisions
Perry v. Dearing (In Re Perry) (2003)
ca5 · cites it 3×
“Tex. Prop.Code Ann. § 41.002(a). 8 . At times courts have often failed to distinguish between abandonment and alienation as separate means of extinguishing the homestead.”
Rush Truck Centers v. Bouchie (2003)
ca5 · cites it 6×
“002(c), it still should not receive the benefit of the homestead exemption because the property is not “used for the purposes of a rural home” as required by Tex. Prop.Code § 41.002(b) (2000). Rush Truck does not challenge the bankruptcy court’s finding that the Bou-chie’s use…”
Norris v. Thomas (2007)
tex · cites it 2×
“omestead 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…”
Laster v. First Huntsville Properties Co. (1992)
tex · cites it 2×
“B The homestead of a single adult or family is protected from forced sale for the payment of a debt unless the debt is for purchase money on the homestead, for work and materials used to construct improvements on the homestead property, or for unpaid taxes.”
In Re Perry (2001)
txwb · cites it 5×
“See Tex. Prop.Code § 41.002(a). There is a bit of a puzzle in all of this, however.”
Romo v. Montemayor (In re Montemayor) (2016)
txsb · cites it 2×
“Tex. Prop.Code § 41.002 8 (limiting property used for a home when an urban homestead is no more than 10 acres and a rural homestead is no more than 200 acres for a family or 100 acres for a single adult person).”
In Re Bading (2007)
txwb · cites it 3×
“See Tex. Prop.Code § 41.002(a). But nothing in Maroney remotely suggested that the court’s reasoning was limited to the single-tract homestead.”
In re Pool (2019)
txwb · cites it 10×
“-Austin 1934, writ ref'd) ; see also TEX. PROP. CODE § 41.002(a) (urban homestead "may be in one or more contiguous lots, together with any improvements thereon").”
— Tex. Prop. Code § 41.002(a) — 31 cases
Perry v. Dearing (In Re Perry) (2003)
ca5
“Tex. Prop.Code Ann. § 41.002(a). 8 . At times courts have often failed to distinguish between abandonment and alienation as separate means of extinguishing the homestead.”
In Re Bading (2007)
txwb
“See Tex. Prop.Code § 41.002(a). But nothing in Maroney remotely suggested that the court’s reasoning was limited to the single-tract homestead.”
— Tex. Prop. Code § 41.002(a)(b) — 1 case
— Tex. Prop. Code § 41.002(b) — 22 cases
Perry v. Dearing (In Re Perry) (2003)
ca5
“Tex. Prop.Code Ann. § 41.002(a). 8 . At times courts have often failed to distinguish between abandonment and alienation as separate means of extinguishing the homestead.”
In re Pool (2019)
txwb
“-Austin 1934, writ ref'd) ; see also TEX. PROP. CODE § 41.002(a) (urban homestead "may be in one or more contiguous lots, together with any improvements thereon").”
Romo v. Montemayor (In re Montemayor) (2016)
txsb
“Tex. Prop.Code § 41.002 8 (limiting property used for a home when an urban homestead is no more than 10 acres and a rural homestead is no more than 200 acres for a family or 100 acres for a single adult person).”
— Tex. Prop. Code § 41.002(b)(1) — 11 cases
In Re Perry (2001)
txwb
“See Tex. Prop.Code § 41.002(a). There is a bit of a puzzle in all of this, however.”
— Tex. Prop. Code § 41.002(b)(2) — 2 cases
— Tex. Prop. Code § 41.002(c) — 8 cases
Rush Truck Centers v. Bouchie (2003)
ca5
“002(c), it still should not receive the benefit of the homestead exemption because the property is not “used for the purposes of a rural home” as required by Tex. Prop.Code § 41.002(b) (2000). Rush Truck does not challenge the bankruptcy court’s finding that the Bou-chie’s use…”
In Re Perry (2001)
txwb
“See Tex. Prop.Code § 41.002(a). There is a bit of a puzzle in all of this, however.”
— Tex. Prop. Code § 41.002(c)(2) — 1 case
Rush Truck Centers v. Bouchie (2003)
ca5
“002(c), it still should not receive the benefit of the homestead exemption because the property is not “used for the purposes of a rural home” as required by Tex. Prop.Code § 41.002(b) (2000). Rush Truck does not challenge the bankruptcy court’s finding that the Bou-chie’s use…”
— Tex. Prop. Code § 41.002(d) — 6 cases
In Re Perry (2001)
txwb
“See Tex. Prop.Code § 41.002(a). There is a bit of a puzzle in all of this, however.”
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