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Maintaining a Texas Homestead Exemption While Replacing a Home

While there is a separate statute for homes destroyed or damaged in declared disaster areas, homeowners can still get tax relief if they lose their home because of flooding or storm outside of a disaster area. If a home is destroyed or rendered uninhabitable by wind or water, the homeowner can still claim a homestead exemption on the property as they work to replace the home. As long as construction or preparations for construction are started on the property within a year, the homeowner can maintain their homestead exemption for two years, preventing a sudden spike in taxes from compounding an already difficult situation. If the damage occurred in a declared disaster area, then the homestead exemption can be extended to a total of five years.

Suburban Texas home with landscaped front yard

Some notes on the statute

01

There are different statutes for homes destroyed in fires. This removes the value of the house from the overall property tax appraisal.

02

The homeowner cannot have another primary residence, or they will lose the exemption on the original homestead.

03

Construction must be actively underway to maintain the homestead exemption.

Frequently Asked Questions

Frequently Asked Questions About Maintaining a Texas Homestead Exemption While Replacing Home (Tax Code Section 11.135)

No, this allows a homeowner to keep their homestead exemption after a large disaster. The temporary exemption can apply to businesses as well. This statute also allows homeowners to keep their homestead exemption even outside of declred disaster areas.

Yes, as long as you do not file a homestead exemption on the new property and are continuing construction on your original property.

If a disaster was declared by the governor, you will have five years to begin construction of a new dwelling on the property.