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?
1 Answer from Attorneys
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.