If a person may claim a homestead and has not done so, Tex. Prop. Code § 41.005 provides that the property on which the person receives a homestead exemption under Tex. Tax Code § 11.43 is generally considered to have been designated as the person’s homestead. Tex. Prop. Code § 41.005(e). Section 41.005 also allows a person to voluntarily designate a homestead. A person may find it necessary to designate a homestead in aid of enforcement of a judgment debt. See Tex. Prop. Code § 41.022. This form may be used for either of these purposes. If a homestead claimant’s homestead has changed, the voluntary filing of a designation of homestead may facilitate changing the tax exemption to the new homestead.
A rural homestead may not exceed two hundred acres if it is the homestead of a family or one hundred acres if it is the homestead of a single adult. Tex. Prop. Code § 41.002(b). An urban homestead may not exceed ten acres. Tex. Prop. Code § 41.002(a). Tex. Prop. Code § 41.002 sets forth criteria by which a homestead is categorized as rural or urban. See also the discussion on rural and urban homesteads at section 11.9:8 in this manual.
If a rural homestead includes property in more than one survey, state the number of acres in each survey. See Tex. Prop. Code § 41.005(c). See also section 3.7 concerning property description. If the rural homestead exceeds ten acres, the optional clause stating that the homestead is not considered urban will assist the taxing authorities in determining that the acreage in excess of ten is entitled to the exemption.
Designation of Homestead
Date:
Claimant:
Current Record Title Holder of Property:
Property:
Pursuant to section [41.005/41.022] of the Texas Property Code, Claimant designates the Property as Claimant’s homestead.
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Include the following if applicable. |
The Property contains [number] acres, more or less, with [number] acres in the [name] Survey and [number] acres in the [name] Survey.
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And/Or |
The Property [is/is not] considered to be urban under the provisions of section 41.002(c) of the Texas Property Code.
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Continue with the following. |
[Name]
[Name]
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Include acknowledgments. |