A Lien On Your House
Prop. Code 53.254 — a homestead lien needs a written contract signed first, and both spouses
A lien on a homestead. To fix a lien on a homestead, the person furnishing material or labor and the owner sign a written contract before the material is furnished or the labor performed. If the owner is married, both spouses sign it, and it is filed with the county clerk.
What the affidavit says. An affidavit claiming a lien on a homestead carries, at the top, the words: NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN.
| Filing the lien affidavit | The statute's answer |
|---|---|
| Filing the lien affidavitOriginal contractor, residential project | The statute's answerNot later than the 15th day of the third month after the month the work was completed, terminated or abandoned |
| Filing the lien affidavitOther claimant, residential project | The statute's answerNot later than the 15th day of the third month after the month the claimant last provided labor or materials |
| Filing the lien affidavitSuit to foreclose | The statute's answerNot later than the first anniversary of the last day the affidavit could be filed |
The retainage warning. The notice a homestead owner receives states that the property may be subject to a lien for an unpaid subcontractor or supplier if, after notice of the claim, the owner does not withhold enough from the contractor, or does not reserve 10 percent of the contract price during construction and for 30 days after completion.
Whether a particular lien is valid, and how to contest or discharge one, are questions for a licensed Texas attorney.
Sources for this section (3)
- Prop. Code 53.254 — Contractual requirements for lien on homestead
- Prop. Code 53.052 — Filing of affidavit
- Prop. Code 53.158 — Period for bringing suit to foreclose lien
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.