Homestead (Texas Creditor Protection)
Texas constitutional protection that shields a primary residence from forced sale by most creditors, subject to urban and rural acreage limits.
Texas homestead protection comes from Article XVI of the Texas Constitution and the Texas Property Code. It protects a family's or single adult's primary residence from forced sale by most creditors, with limited exceptions such as a purchase-money loan, property taxes, a home-equity loan that meets the constitutional rules, and a properly secured mechanic's and materialman's lien for work on the home.
The protection is limited by acreage rather than by value: an urban homestead and a rural homestead are each capped at a maximum number of acres set by the constitution. This creditor protection is separate from the homestead tax exemption, which reduces taxable value rather than blocking forced sale.
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- Homestead Exemption (Texas Tax)
A Texas property tax break that lowers the taxable value of an owner's primary residence, reducing the school and other taxes owed.
- Homestead Appraisal Cap (10%)
A Texas limit that holds the annual increase in the appraised value of a residence homestead to 10 percent, plus the value of new improvements.
- Fee Simple Absolute
The highest and most complete form of property ownership, with rights that last indefinitely and pass to heirs.
- Mechanic's and Materialman's Lien
A Texas lien that secures payment to a contractor or supplier for labor or materials furnished to improve real property.
Sources
This definition is Texas real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.