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How do I file a homestead designation in Texas?
Anonymous2 views2 answers
I would like to file a designation of homestead in Texas to protect my property from creditors when they sue. My father and I are on the title. I am single and he is obviously married to my mom whose name is not on title. I have bought a single person homestead designation form. Should I fill out the single designation form for myself and file it or is there a form I can use for me and my father since. I noticed that I can only buy a single homestead designation form for a single people and married persons? Or is homestead designation in Texas automatic or do I have to file this document?
This seems to be a follow-up question to one I answered earlier with identical facts. Your father and his wife may file a joint homestead declaration and you may, and probably should, file a single person homestead designation since you are named on the title with your father and since you anticipate being sued and having a judgment entered against you.
I still think you should consult a lawyer about the anticipated suits and the possibility of filing personal bankruptcy to avoid the possible judgments.
The homestead designation is not automatic for property tax purposes. The form can be obtained from the county tax assesor's site http://www.hcad.org/forms/default.asp.
This designation has nothing to do with whether the property is exempt from creditors, however, and there are no forms to file for that.