Define Homestead

In the traditional sense, use of the term "Homestead" related to the 1862 Homestead Act, wherein the Federal government offered land grants to individuals to encourage economic growth in various unimproved territories. After 1975, when the original Act was repealed, use of the term "Homestead" now has taken on a different, and more local focus. Today's definition applies to various state laws that offer foreclosure protection from third-party debtors, as well as offering certain tax advantages to homeowners. Unfortunately, every State is different, so in order to give the reader a sense of how a Homestead process works, we will look at Texas as an example.
  1. Debt Relief While Alive

    • According to Texas law, "Homesteads are generally not subject to attachment, execution, or forced sale by creditors." However, there are currently nine exemptions in the law associated with:

      Purchased money, i.e. mortgages
      Taxes
      Mechanic's liens
      Partition liens
      Refinancing parties
      Home equity loans
      Reverse mortgages
      Manufactured home refinancing
      Preexisting lien

      If you are considering filing for protection under this law, consult an attorney before initiating any action.

    Creditor Relief After Death

    • According to Texas law, "A survivor's homestead entitles the surviving spouse to occupy or use the homestead for life or for so long as the surviving spouse chooses to do so. " However the surviving spouse must continue to reside on the homestead. Congruently, surviving minor children are also protected to the same degree. These codicils, however, also apply in terms of the aforementioned exemptions.

    Tax Advantages

    • Upon completion of appropriate forms and paying requisite fees, the homeowner can experience a $3,000.00 reduction in the assessed value of a homestead. Additionally, an adult can see a $15,000.00 reduction in terms of school tax assessments, and a $25,000.00 reduction, in the event that an individual is physically challenged, or if he is over 65. These reductions are as of 2009.

    Application Process

    • In order to file for a homestead exemption, all the homeowner needs to do is complete an Application for Residential Homestead Exemption form, and file it with the county appraisal district. In the event that the property is sold, the homeowner has 6 months to translate the original grant to another property location.

    Different States Different Exemptions

    • As mentioned earlier, there are different exemptions and advantages for each state. Therefore, you should research and understand the specific law in association with your location. To gain more information, you should contact your tax assessment office, or simply follow the active resources links below.

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