What is the ownership split in a homestead exemption filing for a married couple, where both parties owned separate homes before the marriage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the ownership split in a homestead exemption filing for a married couple, where both parties owned separate homes before the marriage?
My wife and I owned our own homes prior to getting married, and neither of us have filed for
a homestead exemption until this year. We will be filing for the property that would be paying
higher taxes wife’s but given that the property was owned by my wife, she has 100% ownership. I believe as a married couple we are entitled to a higher homestead exemption but do we have to add myself husband to the title in order to receive that first?
Asked on April 21, 2019 under Real Estate Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can file for a married couple homestead exemption without changing the titles. The title and the tax rolls are two separate documents and are not necessarily dependent on each other.
If you change the titles to each of your homes, then you are each potentially giving a part of your ownership to the other spouse. If you are okay with being joint owners, this is file. If you each want to keep and maintain your separate property interest (so you each keep your homes if you should divorce) then just leave the titles the way they are.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.