A Texas homeowner with an urban homestead wants to sell one acre of their 10-acre homestead to a developer while continuing to reside on the remaining 9 acres. Under Texas law, can the homeowner do this?
Correct Answer
B) Yes, the homeowner can voluntarily sell a portion of the homestead, and the remaining 9 acres will continue to be protected as the homestead
Under Texas law, a homeowner can voluntarily convey a portion of their homestead. The homestead protection is not an absolute prohibition on sale—it protects against forced sale by creditors. The homeowner retains the right to sell voluntarily, and the remaining property continues to be protected as the homestead, provided both spouses join in the conveyance if the homestead is community property.
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More Tx Community Property Homestead Questions
Under the Texas Family Code, which of the following is NOT classified as a spouse's separate property?
A couple marries in Texas after each owning their own homes for several years. Under the Texas Family Code, what happens to the homes they each owned before the marriage?
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Under the Texas Family Code, which of the following actions does NOT require the joinder of both spouses when dealing with community property?
Under the Texas Constitution, what is the maximum size of a rural homestead for a family in Texas?
- → 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?
- → A Texas couple gets married. The wife owns a car free and clear that she purchased three years before the wedding. Under the Texas Family Code, what is the classification of this car?
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