What A Creditor Cannot Take
Prop. Code 42.001 — the homestead, current wages, and $100,000 of property
A homestead, and one or more lots used as a burial place, are exempt from seizure for creditors' claims in Texas, except for encumbrances properly fixed on it, among them purchase money, taxes on the property, written contracts for improvements, and qualifying home equity loans and reverse mortgages. The proceeds of selling a homestead are not subject to seizure for six months after the sale.
| The homestead | How much land it can be |
|---|---|
| The homesteadUrban, for a family or a single adult | How much land it can beNot more than 10 acres, in one or more contiguous lots |
| The homesteadRural, for a family | How much land it can beNot more than 200 acres |
| The homesteadRural, for a single adult | How much land it can beNot more than 100 acres |
Current wages are exempt, except for child support. Current wages for personal services are exempt from seizure, except to enforce court ordered child support, and do not count against the property limits. So do professionally prescribed health aids, alimony and support received, and a religious bible or other sacred text.
Other personal property the code lists is exempt up to an aggregate fair market value of $100,000 for a family, or $50,000 for a single adult, not counting liens on it: home furnishings including heirlooms, food, clothing, tools and vehicles used in a trade, two firearms, athletic equipment including bicycles, a vehicle for each licensed family member, set numbers of livestock, and household pets.
Jewelry counts only up to 25 percent of the aggregate limit. The exemptions do not stop a secured creditor, or a landlord with a contractual lien, from taking the property that secures it, and exempt property may still be pledged under a security interest.
Sources for this section (4)
- Prop. Code 42.001 — Personal property exemption
- Prop. Code 41.001 — Interests in land exempt from seizure
- Prop. Code 41.002 — Definition of homestead
- Prop. Code 42.002 — Personal property
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.