Texas Homestead Exemption – No Homestead Declaration Required

The state bankruptcy exemption charts in How to File for Chapter 7 Bankruptcy, The New Bankruptcy, and Chapter 13 Bankruptcy: Keep Your Property and Repay Debts Over Time, incorrectly state that in Texas, you must file a declaration of homestead before you file for bankruptcy if you want to protect your home under the homestead exemption. This is incorrect.

In fact, the only time you might need to file a homestead declaration is if your property is larger than the acreage that is covered by the homestead exemption. Tex. Prop. Code Ann. §41.005. For example, if you are single and live in a rural area, you can protect up to 100 acres of your homestead property. If your property is actually 150 acres, you’d have to designate which of those acres you wish to keep as your homestead. This can be done in several ways – one way is to file a homestead declaration.