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Category: Real Estate Law
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My husband owns s house before we married. We moved into a

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my husband owns his house before we married. We moved into a house my sister owns. another family member lives in my husband's house that we homesteaded. It is the only house in our name and we may need to move back. It is not rented does not produce income. Can we still claim it as a homestead?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 1 year ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

In Texas, a person's homestead is primarily a question of intent and, while the person does not actually have to live in the property, he or she needs to undertake some sort of action in preparation to reside in the property, in order to claim it as a homestead. Once a homestead is claimed, the designation tends to stick, so if the home was previously designated as your homestead, if you have the intent to actually return there at some point, and if you have no other claimed homestead you should be fine. Otherwise, putting your ducks in a row, gradually renovating the property so you can later move there, etc. would suffice.

I hope this helps. If you need additional information or clarification, just let me know. I'm here to help. If I have addressed your issue, please remember to leave a positive rating when prompted.

Good luck!


Attorney 1

Expert:  Attorney 1 replied 1 year ago.

Please let me know if there's anything else I can do for you. If I have addressed your issue, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help provided.


Attorney 1

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