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.
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What does Homestead (Texas Creditor Protection) mean on the Texas real estate exam?
Answer: Texas constitutional protection that shields a primary residence from forced sale by most creditors, subject to urban and rural acreage limits.
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Homestead (Texas Creditor Protection) definition
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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Special Topics (Texas) (5 of 40 Texas State Law)
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