A Texas homeowner sells their homestead and receives $500,000 in sale proceeds. Before purchasing a new home, a creditor with a $100,000 judgment attempts to garnish the proceeds. Under Texas law, are the homestead sale proceeds protected?
Correct Answer
C) Yes, the proceeds from the sale of a homestead are exempt from seizure for a reasonable time to allow the owner to acquire a new homestead
Under Texas Property Code §41.001(c), proceeds from the sale of a homestead are exempt from seizure for a six-month period after the date of sale, provided the owner intends to acquire a new homestead. This gives the homeowner a reasonable window to reinvest the proceeds in a new home without losing creditor protection.
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- → A Texas homeowner defaults on a personal loan of $50,000. The creditor obtains a judgment and seeks to force the sale of the homeowner's primary residence to satisfy the debt. Under Texas homestead law, can the creditor force the sale?
- → A creditor attempts to place a lien against a Texas family's homestead for an unpaid medical bill of $25,000. Under Texas homestead law, can this lien attach to the homestead?
- → A Texas homeowner converts their homestead into a rental property and moves to another state. After two years, a creditor seeks to foreclose on the former homestead for an unpaid business debt. Under Texas law, can the creditor force the sale?
- → Mark and Lisa are married and live in Texas. During their marriage, Mark purchases an investment property using earnings from his salary. Under the Texas Family Code, how is this property classified?
- → Before her marriage to David, Sarah owned a rental house in Austin. After the wedding, rental income from the property accumulates in a joint bank account. Under the Texas Family Code, how is the rental income classified?
- → Under the Texas Family Code, what is the legal presumption regarding property acquired during a marriage in Texas?
- → After 10 years of marriage, William inherits a lakehouse from his father. William's wife, Karen, assumes the inheritance is community property because they received it during their marriage. Under the Texas Family Code, who is correct?
- → Under the Texas Family Code, what is the legal term for a written agreement between spouses that converts community property into one spouse's separate property?
- → Under the Texas Family Code, what happens to community property when one spouse dies without a will in Texas?
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Previous Question
A Texas homeowner has a 12-acre urban homestead. A creditor obtains a judgment for $200,000 and seeks to force the sale of the entire property. Under Texas homestead law, what is the result?
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A license holder in Texas is listing a homestead property for a married couple. The wife signs the listing agreement but the husband refuses. Under Texas law, is the listing agreement valid?