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I am having trouble Homesteading our property for the over

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I am having trouble Homesteading our property for the over 65 exemption because: I owned my property 100% after my divorce. Since then, I remarried and we refinanced the property. I thought the deed sated that I was giving the house up as our community property but the deed did not satisfy the board for exemption. What do I need and what do I do from here?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Perhaps I can help if you can tell me how the deed presently reads----who holds title and how is it held?

Doug
Customer: replied 1 year ago.

I have a General Warranty Deed. But under property it states One Half undivided interest in the Legal description proper.

Expert:  LawTalk replied 1 year ago.
Are you telling me that your ex wife is still listed on the deed as owning half?

Doug
Customer: replied 1 year ago.

No. I, Patricia, divorced Mr. Murdock, married Mr. Pitts, several years later and the property was in Patricia Murdock's name 100%. After we married, Mr. Pitts and I, we refinanced the property that I owed and I wanted my new husband to have community property rights. so the title company did a General Warranty Deed that stated what I already told you.

Expert:  LawTalk replied 1 year ago.
Good morning,

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your JustAnswer Account has not been charged for this conversation and your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.



Doug
Expert:  Law Pro replied 1 year ago.
Hi! New expert here. Allow me to assist.

I am double checking on the requirements for you to make the homestead election and will be back shortly.
Expert:  Law Pro replied 1 year ago.
Just to be sure - they wouldn't give you even "half" of the homestead exemption?

How old is your new spouse?

You realize that the deed by stating "One Half undivided interest" - that you only own 1/2 the house?

Who owns the other "one half undivided interest"?
Customer: replied 1 year ago.

I have no idea why this deed states one half of ownership. I am 63 and my spouse is 66 years old.

Customer: replied 1 year ago.

I believe my spouse owns the other half. I can only get 50% homstead but no over 65 exemption. and my spouse is 66 years old sorry.

Expert:  Law Pro replied 1 year ago.
I would double check - do you have to deed to review with me?
Customer: replied 1 year ago.

Yes

Expert:  Law Pro replied 1 year ago.
OK, great.

I would like to know from the deed the exact language - who are the grantors, and who are the grantees and ALL the additional language like you stated before (ie. 1/2 undivided interest, etc.)






Customer: replied 1 year ago.

Grantor: Patricia A Murdock now known as Patricia Murdock Pitts and the property address


Grantee Michael L. Pitts Grantee address same as property address.


Consideration $10.00


Property: one half undivided interest lot, bl, sub. map vol., map records


Reservations from exceptions to conveyance and warranty: easements....


 


 

Expert:  Law Pro replied 1 year ago.
So that half of the property is now owned by Michael L. Pitts.

Is that you?
Customer: replied 1 year ago.

No my husband

Expert:  Law Pro replied 1 year ago.
So you are Patricia A Murdock now known as Patricia Murdock Pitts - correct?


To qualify for a general or disabled homestead exemption, you must own your home on January 1. If you are 65 years of age or older, you need not own your home on January 1. You will qualify for the over-65 exemption as soon as you turn 65, own the home, and live in it as your principal residence.

 

Your homestead can be a separate structure, condominium, or a mobile home located on leased land, as long as you own it. Your homestead can include up to 20 acres if the land is used as your yard.

 

A residence may be owned by an individual through an interest in a qualifying beneficial trust and may be occupied by a trustor of a qualifying trust.

 

If you are not the sole owner of the home, you will receive only a portion of any qualified exemption, based on your percent of ownership. For example, you own a 25-percent interest in a homestead valued at $100,000, for a total value of $25,000. You will receive 25 percent of a $15,000

school
homestead exemption, or $3,750.

 



If you are age 65 or older, your residence homestead will qualify for more exemptions.

You will qualify for a $10,000 homestead exemption for the school taxes on your home's value, in addition to the $15,000 exemption for all homeowners.

If you qualify for both the $10,000 exemption for over-65 homeowners and the $10,000 exemption for disabled homeowners (see the following section), you must choose one or the other for school taxes. You cannot receive both.

In addition to the $10,000 exemption for school taxes, any taxing unit (including a school district) can offer an additional exemption of at least $3,000 for taxpayers age 65 or older.

Once you receive an over-65 homestead exemption, you get a tax ceiling for that home on your total school taxes. The school taxes on your home cannot increase as long as you own and live in that home. The tax ceiling is the amount you pay in the year that you qualify for the over-65 homeowner exemption. The school taxes on your home may go below the ceiling, but the school taxes will not be more than the amount of your ceiling.

However, your tax ceiling can go up if you improve your home (other than normal repairs or maintenance). For example, if you add a garage or a game room to your home, your tax ceiling can go up. Also, your tax ceiling will change if you move to a new home.

When a homeowner who has been receiving the tax ceiling on school taxes dies, the ceiling transfers to the surviving spouse if the survivor is 55 or older and has ownership in the home. The survivor should apply to the appraisal district for the tax ceiling to transfer. The ceiling remains in effect for as long as the spouse lives in the home.

 

 

When you no longer live in the home as your permanent residence, you will no longer qualify for the over-65 exemption for the remaining portion of that year. Taxes will be prorated based on the number of days that elapsed after you no longer qualified that home for the exemption to the end of the year.

 

I understand the problem - you are NOT over age 65 but only 63.

You need to file a quitclaim deed from you as grantor of your 1/2 interest in the house to your new spouse (who is over age 65) and you.

This is simple -

Here is a link to the deed you need to complete and file as to your 1/2 ownership in the property:

http://www.uslegalforms.com/tx/TX-02A-77.htm

This is a quitclaim deed from an individual (you) to two individuals (you and your spouse).


USLegalForms can even prepare it for you for filing at the cost of $170.00 or you can download and prepare the deed yourself for $24.95.

I would suggest that you have them prepare the deed for you even though an additional cost.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).




Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24457
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Law Pro and 9 other Real Estate Law Specialists are ready to help you
Expert:  Law Pro replied 1 year ago.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).

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