Form 33-37

An unsworn declaration may be used in place of an affidavit. See section 8.58 of the practice notes and form 8-27.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Homestead Affidavit as Release of Child Support Lien

[Name of affiant], Affiant, appeared in person before me today and stated under oath:

“My name is [name of affiant]. I own the following described land (“Land”): [descrip­tion of homestead property].

“This affidavit is made for the purpose of effecting a release of the child support lien recorded in [recording information of child support lien] (“Child Support Lien”) as to the Land.

“The Land includes as its purpose use for a home for Affiant and is the homestead of Affiant, as defined in section 41.002 of the Texas Property Code. The Land does not exceed—

1.ten acres of land, if used for the purposes of an urban home or as both an urban home and a place to exercise a calling or business, or

2.   two hundred acres for a family or 100 acres for a single, adult person not otherwise entitled to a homestead, if used for the purposes of a rural home.

“Attached to this affidavit is evidence that—

1.Affiant sent a letter and a copy of this affidavit, without attachments and before execution of the affidavit, notifying the claimant in the Child Support Lien of this affidavit and Affiant’s intent to file for record this affidavit, and

2.the letter and this affidavit were sent by registered or certified mail, return receipt requested, thirty or more days before this affidavit was filed to the claimant in the Child Sup­port Lien at the claimant’s last known address.

“This affidavit serves as a release of the Child Support Lien as to the Land in accor­dance with section 157.3171 of the Texas Family Code.”

   
[Name of affiant]

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas