A married couple owns 260 rural acres in one tract and wants certainty about which 200 acres are protected. May they voluntarily designate the protected portion, and what acreage limit applies?
Correct Answer
B) They may voluntarily designate not more than 200 acres as homestead
Where a rural family homestead is part of parcels totalling more than 200 acres, the head of the family and, if married, that person spouse may voluntarily designate not more than 200 acres as the homestead, in a signed and acknowledged instrument filed with the county clerk. Other choices: the designation cannot exceed the statutory figure, so the whole 260 is out; a voluntary designation is exactly what the statute provides for; and 100 acres is the single adult limit. Source: Tex. Prop. Code sec. 41.005(a)
Why This Is the Correct Answer
Where a rural family homestead is part of parcels totalling more than 200 acres, the head of the family and, if married, that person spouse may voluntarily designate not more than 200 acres as the homestead, in a signed and acknowledged instrument filed with the county clerk. Other choices: the designation cannot exceed the statutory figure, so the whole 260 is out; a voluntary designation is exactly what the statute provides for; and 100 acres is the single adult limit. Source: Tex. Prop. Code sec. 41.005(a)
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