It Could Happen To You: Texas’ Homestead Exemption Preempted By Federal Law

Among other attributes for which the State of Texas is well-known is the strength of its protection of homestead rights, which are based off of generous acreage totals instead of dollar values. And, like many of the other American states that were formerly part of Mexico, Texas is a community property state that generally acknowledges common ownership in equal shares of marital property.

But homestead rights are not inviolable, and community property laws do not always protect a spouse’s interest in community property.

Preemption:

The Supremacy Clause of the United States Constitution, taken in conjunction with the Bankruptcy . . .

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