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Homestead Exemption for Chapter 7 Bankruptcy if I have mortgage on house but don't live there

Frisco, TX |

If I am filing a Texas Chapter 7 Bankruptcy and I have a mortgage on a home that my separated wife and son live in, (and I don't live there, but visit sometimes, I rent another home), can I still claim the house as Texas Homestead Exemption? Do I need to file an Application for Residential Homestead Exemption with County Clerk before filing Bankruptcy 7? This is an Individual Bankruptcy 7, (ONLY MINE) my wife is not filing. The mortgage is in my name but my separated wife pays the mortgage, property taxes, utilities and everything. else needed. Is the Homestead exempt?

Attorney Answers 4


See a local bankruptcy attorney for the best advice. It may not make any difference if there is no equity in the property.

Good luck.

This does not create an attorney/client relationship. I am licensed to practice law in Kansas and Missouri only. I only represent clients with a signed contract and who have either paid a fee or I agree to represent through the VAP project at Legal Aid of the Western District of Missouri. This is not legal advice.

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The short sweet answer is that you and she are still married and you can claim the home as your homestead because your family lives there, even if you have to rent elsewhere.

Furthermore you have a right to file a separate Chapter 7.

Speak to a bankruptcy lawyer there in your area, and don't try and do this on your own. For what you will spend now, this will save you a world of grief and keep your kids under a roof.

This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.

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First, you might want to amend your question to list the value of the home and the amount of acreage in case it affects an answer and the amount owed on each mortgage on that parcel. Under exemptions you must choose either state or federal. Under federal, if a dependant of yours lives there then you can claim a homestead exemption but only up to $21,625 and thus the amount of equity may dictate whether you choose Texas State exemptions vs Federal Exemptions. Also, it might make a difference if you have NOT lived the last 2 years in Texas so please indicate how long you have lived there also. Good luck..but employing an experienced bankruptcy attorney in Texas is the most important thing you can do.

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Don't gamble your house on an internet answer to this question. Go see an attorney who can review your situation comprehensively and assist you with protecting the home.

I am licensed only in Texas. Offering information of a general nature in response to a question is not intended to be legal advice in your state.

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