homestead exemption

[doke]

Jurisdiction

Texas

okay....my wife and I are separated (not legally, but she moved out and we've collectively worked out a schedule regarding our kids). our goal is to reconcile but we're taking 1 day at a time. I am in our existing residence where we have been receiving a homestead exemption for the last 13 years. she bought a house a mile away with community property money (although i'm sure the deed is in her name). my question is- can she file for a homestead exemption at her residence too?

 

[army judge]

In Teas the law allows you to apply for homestead exemptions on the home you call your principal residence.

ONLY a homeowner's principal place of residence qualifies for a homestead exemption. To qualify for the exemption your home must meet the definition of a residence homestead: The home's owner must be an individual (for example: not a corporation or other business entity) and use the home as his or her principal residence on January 1 of the tax year. Therefore, she can't apply for this year. She can apply this year for an exemption effective January 1st of 2017.

If you are age 65 or older, or disabled, the January 1 ownership and residency are not required for the age 65 or disabled homestead exemption.

If your estranged spouse does seek a homestead exemption on her new home, she'll potentially be breaking the law.

I suggest you avoid commenting on this unless she asks. Your home wouldn't lose it's current exemption by virtue of her illicit actions. If you do divorce, she could then apply for the exemption.

Last comment, Texas recognizes marriages, and has no legal separation. You're married, you're divorced, which is the same as being single. Separation means nothing in the Texas legal system.

 

[adjusterjack]

can she file for a homestead exemption at her residence too?

I think Army Judge explained only two of the requirements. There are three and I'll quote them directly from the second page of the property tax Form 50-114:

"GENERAL RESIDENCE HOMESTEAD EXEMPTION (Tax Code Section 11.13(a), (b)): You may qualify for this exemption if: (1) you owned this property on Jan. 1; (2) you occupied it as your principal residence on Jan. 1; and (3) you and your spouse do not claim a residence homestead exemption on any other property."

http://comptroller.texas.gov/taxinfo/taxforms/50-114.pdf

As long as you are married, number (3) prevents her from ever claiming the exemption as long as you already claim the exemption on your house.