Jump to content

Texas Laws


Recommended Posts

texas is a community property state. your spouse can indebt you into bankruptcy and there is not one thing you can do to stop them. i know from sad experience. and this includes the irs. if your spouse doesn't pay his/her taxes and the irs comes after them, they can come after the spouse for the money too. you can file an "innocent spouse" claim, but it is at thier discretion whether or not to allow it. sad experience,also.

Link to comment
Share on other sites

Can anyone lead me to a sight to find out , If my husband has a CC in his name ONLY and they sue him, can they put a lein on the house that is in both of our names? We are in Texas. Thanks

Not if you have the Texas "Homestead" exemption.

Link to comment
Share on other sites

i do know there is a difference between a homestead exemption under the finance code (like it says, fill out the correct from, enter it into the system via your local county clerk) and the homestead exemption you apply for under your local appraisal district.

so if you have only applied for the homestead exemption from your local appraisal district, you need to go and enter the homestead exemption under the finance code. then it is legally declared your homestead and is protected under the code.

and i think that even if you were on his CC the house would be exempted.

thats my understanding of the law. im not a lawyer, in fact my brain hurts when i read this stuff :)

Link to comment
Share on other sites

im not a lawyer, in fact my brain hurts when i read this stuff :)

Ditto

If they do come after you, they will try and get a judgement via the courts. Then they will try and empty you bank accounts, because thay can't touch your wages.

Link to comment
Share on other sites

Where would I go to file a finance code exemption? I will do this first thing tomorrow. They have not filed any lawsuits yet, so I want to be ahead of the game. (I hope it doesn't cost) As far as my bank account, if they want the .50 cents I have well then they can have it! Thanks for all the help on this.

Link to comment
Share on other sites

Thank you so much, when I went back a read the post it does say that! Sometimes it takes a time or two to register with me! Thanks for all the help. I feel pretty covered : They can't garnish wages, they can't put a lien on my house if I have this exemption. They can take my bank account but thats easy to solve by not depositing any money into it. I will one day when I am a better financial place make good on the debts but for now, I just can't. So with all of this in place why would they even try to take anyone in Texas to court if there is really nothing for them to gain and accure attorney's fees on top of it all?

Link to comment
Share on other sites

You know I was curious and read some of the statute and it seems to me that a lawyer is not required if the person's property is already listed as having a Homestead exemption on the tax rolls! Now the TX code specifically reads:

§ 41.005. VOLUNTARY DESIGNATION OF HOMESTEAD. (a) If a rural homestead of a family is part of one or more parcels containing a total of more than 200 acres, the head of the family and, if married, that person's spouse may voluntarily designate not more than 200 acres of the roperty as the homestead. If a rural homestead of a single adult person, not otherwise entitled to a homestead, is part of one or more parcels containing a total of more than 100 acres, the person may voluntarily designate not more than 100 acres of the property as the homestead.

But if you read further into the statute, then you will find this clause/section:

(e) Except as otherwise provided by this subsection, property on which a person receives an exemption from taxation under Section 11.43, Tax Code, is considered to have been designated as the person's homestead for purposes of this subchapter if the property is listed as the person's residence homestead on the most recent appraisal roll for the appraisal district established for the county in which the property is located. If a person designates property as a homestead under Subsection © or Subchapter B and a different property is considered to have been designated as the person's homestead under this subsection, the designation under Subsection © or Subchapter B, as applicable, prevails for purposes of this chapter.

Michael

Link to comment
Share on other sites

A creditor can record an abstract of judgment, but it does not attach to homestead property. Even the proceeds of sale of your homestead are exempt from seizure for 6 months after the sale. If you sell your house, a title company will usually present to the creditor a partial release of lien. You will usually need to sign an affidavit indicating that the property is homestead. If the creditor will not sign the partial release of lien, hire a lawyer to sue.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.