Legal Question in Credit and Debt Law in Texas

Texas Homestead Law clarification

A creditor has won a judgment against us and filed a lien on our homestead property.

We currently rent the property but intend to return to our homestead in the near future. We have not established a new homestead.

Q:

Who long can we rent our homestead and still keep the exemption?

Can we sell the property with a clear title. Does the lien hurt our ability to sell the homestead property?

Asked on 4/08/05, 3:11 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie
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Re: Texas Homestead Law clarification

The fact that the property is rented raises a question as to homestead exemption. As it presently stands, you cannot sell with a clear title since the lien attaches to all property that you won in that county.

Getting an attorney to clear your title may result in a lawsuit to prove up homestead.

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Answered on 4/08/05, 3:41 pm

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