Tex. Codes » Property Code · TITLE 5. EXEMPT PROPERTY AND LIENS · SUBTITLE A. PROPERTY EXEMPT FROM CREDITORS' CLAIMS · CHAPTER 41. INTERESTS IN LAND
Texas Codes

Tex. Prop. Code § 41.003 (2026)

Temporary Renting Of A Homestead

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Sec. 41.003. TEMPORARY RENTING OF A HOMESTEAD. Temporary renting of a homestead does not change its homestead character if the homestead claimant has not acquired another homestead.

Amended by Acts 1985, 69th Leg., ch. 840, Sec. 1, eff. June 15, 1985.

Notes of Decisions
Cited in 11 cases, 1996–2019 · leading case: Perry v. Dearing (In Re Perry), 345 F.3d 303 (5th Cir. 2003).
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Perry v. Dearing (In Re Perry), 345 F.3d 303 (5th Cir. 2003). “XVI, § 51; Tex. Prop.Code Ann. § 41.003. Whether Perry temporarily rented portions of his homestead property or did so permanently in such a manner that he abandoned the property as his homestead is a question of fact.”
Drake Interiors, L.L.C. v. Andrea Marie Thomas, 433 S.W.3d 841 (Tex. App.—Houston [14th Dist.] 2014). “See Tex. Prop.Code § 41.003. Although Andrea was occupying the Queenswood Property, and would later claim it as her homestead, the record contains no evidence of Rob’s intentions.”
Norra v. Harris Cnty. (In Re Norra), 421 B.R. 782 (Bankr. S.D. Tex. 2009). “XVI, § 51; Tex. PROp.Code Ann. § 41.003). Ultimately, “whether [the debtor] temporarily rented portions of his homestead property or did so permanently in such a manner that he abandoned the property as his homestead is a question of fact .”
King Louie Mining, LLC v. Comu (In re Comu), 542 B.R. 371 (Bankr. N.D. Tex. 2015). “2d 960 (1943)); see also Tex. Prop.Code Ann. § 41.003 (West 2015) (“Temporary renting of a homestead does not change its homestead character if the homestead claimant has not acquired another homestead.”
Brei v. Ben Brinck (In re Brei), 599 B.R. 880 (Bankr. N.D. Tex. 2019). “See also Tex. Prop. Code Ann. § 41.003 (West, Westlaw through 2017 1st C.”
In re Leonard, 194 B.R. 807 (Bankr. N.D. Tex. 1996). “16, § 51; Tex.Prop.Code Ann. § 41.003 (Vernon Supp.”
Tomas Lares v. Ruben Garza, No. 04-03-00546-CV (Tex. App.—San Antonio Mar. 24, 2004). “" Tex. Prop. Code Ann. § 41.003 (Vernon Supp.”
Drake Interiors, L.L.C. v. Andrea Marie Thomas, No. 14-13-00349-CV (Tex. App.—Houston [14th Dist.] Apr. 3, 2014). “See Tex. Prop. Code § 41.003. Although Andrea was occupying the Queenswood Property, and would later claim it as her homestead, the record contains no evidence of Rob’s intentions.”
Christina Owens v. John Hawkins, No. 10-11-00297-CV (Tex. App.—Waco Apr. 18, 2012). “XVI, § 51; TEX. PROP. CODE ANN. § 41.003 (West 2000).”
Saihat Corp. v. Kevin Miller, No. 01-11-00119-CV (Tex. App.—Houston [1st Dist.] Aug. 27, 2013). “end, (2) his driver’s license lists a San Felipe street address, (3) Edwards never claimed a homestead exemption on the Property for tax purposes, (4) someone who identified himself as “Kendrick Edwards” contacted Deputy Lee before the constable’s sale and informed her that he…”
Est. of Domingo Cantu, No. 04-11-00229-CV (Tex. App.—San Antonio June 20, 2012). “TEX. PROP. CODE ANN. § 41.003 (West 2000) (providing that temporary renting does not change a property’s homestead character).”
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