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I have 2 houses 1 mobile home / 1 brick house the mobile home is being repoed. what can be siezed from me in tx

Dayton, TX |

the mobile home is my homestead and the brick house is not on paper but I live in the brick house (just bought it in July and the tax office said I cant homestead the house until january. Can the brick house be siezed. Also i have 3 vehicles / savings account / checking account (all in my common law spouses name) can any of that property be taken?

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Attorney answers 1


The list of exempt property under Texas law is contained in Chapter 42 of the Texas Property Code.

Under those provisions, a couple can claim a $60,000 general exemption, or the items specifically listed in Section 42.002, up to an aggregate of $60,000 in fair market value.

Therefore, you can, as a couple take two cars, personal items, and money up to an aggregate of $60,000. As an individual, your exemption cap is $30,000.

You say that the cars and accounts are in your wife's name, but were the acquired by her during the marriage? Is the debt for "necessaries?" Under the Family Code, she is liable for your debts if (1) you acted her agent for in obtaining the debt; or (2) you incurred a debt for necessaries (food, clothing, shelter, medical care, etc.).

The brick home is a different issue. It may be counted as your homestead for exemption purposes, even if it may not be counted for property tax purposes until the first of the new year. The designation of homestead filed with the County is more for property taxes, than for establishing your homestead for exemption and bankruptcy purposes. Therefore, you should be able to protect the home.

You should arrange for a consult with a debt relief or bankruptcy attorney in the Dayton area for advice as this type of problem can be complicated.