A Texas homeowner is deployed overseas with the military and rents out their homestead during the deployment. A creditor argues that the property has been abandoned as a homestead. Under Texas law, has the homestead been abandoned?
Correct Answer
D) No, because temporary absence due to military service does not constitute abandonment if the owner intends to return
Under Texas Property Code §41.004 and federal protections (Servicemembers Civil Relief Act), temporary absence does not constitute abandonment of the homestead if the owner maintains the intent to return. Military deployment is a classic example of temporary absence that preserves homestead status. The owner's intent to return is the controlling factor, not the length of absence or whether the property is rented.
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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?
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