Your homestead is protected from forced sale for most debts
Tex. Const. art. XVI, § 50(a)
In plain words
The Texas Constitution protects a family’s or single adult’s homestead from forced sale for almost all debts. The protection has no dollar cap; it is limited by land size (10 acres in a town or city; up to 200 acres rural for a family, 100 for a single adult). Only listed debts — like the purchase loan, property taxes, valid home-equity loans and home-improvement liens — can force a sale.
Who is protected
A Texas family or single adult who uses the property as their home.
When it applies
- Only in Texas.
- Only if the home is your primary residence.
What you can do
Claim your homestead exemption
File a residence homestead exemption with your county appraisal district; it also lowers your taxes.
Open the toolAnswer a creditor who threatens your home
A letter can remind an ordinary creditor that your homestead cannot be sold for its debt.
Open the toolRead your state guide and find free help
Open the state page for the process, deadlines and legal-aid contacts in your state.
Open the tool
Honest limits
- It does not stop foreclosure of the mortgage used to buy the home, property taxes, a valid home-equity loan, or HOA assessments that the deed restrictions made a lien before you bought.
- In bankruptcy, a homestead bought within about 40 months before filing can be capped by federal law (11 U.S.C. § 522(p)).
- This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.
The law
- State constitutionHomestead protected from forced sale
Tex. Const. art. XVI, § 50(a)
What it says: The homestead is protected from forced sale for all debts except those the Constitution lists.
Read the official texthttps://statutes.capitol.texas.gov/Docs/CN/htm/CN.16.htm#16.50 - State lawHomestead size
Tex. Prop. Code § 41.002
What it says: Urban homestead up to 10 acres; rural up to 200 acres for a family or 100 for a single adult.
Read the official texthttps://statutes.capitol.texas.gov/Docs/PR/htm/PR.41.htm#41.002
Court cases
- Homeowner lostCited for this rightInwood North Homeowners' Ass'n v. Harris
Inwood N. Homeowners' Ass'n v. Harris, 736 S.W.2d 632 (Tex. 1987)
an HOA assessment lien created by recorded deed restrictions before the property became a homestead may be foreclosed despite the homestead protection
- Homeowner wonSame topicBartee v. Tara Colony Homeowners Ass'n
Bartee v. Tara Colony Homeowners Ass'n (In re Bartee), 212 F.3d 277 (5th Cir. 2000)
Chapter 13's anti-modification rule does not protect a junior lienholder whose lien is not supported by any value in the debtor's home
- Homeowner lostSame topicMidland Funding, LLC v. Johnson
Midland Funding, LLC v. Johnson, 581 U.S. 224 (2017)
filing an obviously time-barred proof of claim in bankruptcy does not violate the FDCPA
- Homeowner lostSame topicNobelman v. American Savings Bank
Nobelman v. Am. Sav. Bank, 508 U.S. 324 (1993)
a Chapter 13 debtor may not reduce a mortgage secured only by the principal residence to the fair market value of the home
- Partial winSame topicTaggart v. Lorenzen
Taggart v. Lorenzen, 587 U.S. 554 (2019)
a creditor may be held in civil contempt for violating a bankruptcy discharge order when there is no fair ground of doubt that the order barred its conduct
- Homeowner wonSame topicWood v. HSBC Bank USA, N.A.
Wood v. HSBC Bank USA, N.A., 505 S.W.3d 542 (Tex. 2016)
a home-equity lien that does not comply with Article XVI, section 50 of the Texas Constitution is invalid until cured, and no statute of limitations bars the homeowner's action to quiet title
- Partial winSame topicFinance Commission of Texas v. Norwood
Fin. Comm'n of Tex. v. Norwood, 418 S.W.3d 566 (Tex. 2013)
the "interest" excluded from the Texas home-equity 3% fee cap means charges computed by applying a rate to principal, not other fees labeled as interest, and courts have the final word on the constitution's meaning
Related rights
Home-equity loan protections: court order first, no personal liability
Tex. Const. art. XVI, § 50(a)(6)(C), (D)
A Texas home-equity loan (cash-out loan on your homestead) can be foreclosed only with a court order, usually through the expedited Rule 736 process. You get a citation and can file a response — due the first Monday after 38 days from mailing. The loan is also non-recourse: the lender cannot sue you personally for any shortfall unless you got the loan by actual fraud.
Read this rightLimits on HOA foreclosure: no sale for fines only, court order required
Tex. Prop. Code § 209.009
A Texas HOA may not foreclose if what you owe is only fines (or lawyer fees tied only to fines). To foreclose an assessment lien, the HOA must first get a court order, usually through the expedited Rule 736 process. Before charging you collection-agency fees, it must send a certified letter giving you at least 45 days to pay.
Read this rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightProtect equity in your home with a bankruptcy exemption
11 U.S.C. § 522(b)(1)–(3)
In bankruptcy, you can keep ("exempt") certain property from creditors. For your home, the federal exemption protects equity up to a set dollar amount, but many states make you use the state's own list instead. Some state homestead exemptions are much larger than the federal one; some are smaller.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this rightChapter 13: catch up on missed mortgage payments over time
11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this right