Asset Protection
Homestead – Limited Exemption
The homestead is protected from forced sale for the payment of creditors’ claims except purchase money claims, taxes due thereon or for work and material for improvements thereon. The homestead cannot be sold or mortgaged without the consent of both spouses.
In Oklahoma and Kansas, an individual can exempt up to 160 acres outside a city or town and up to 1 acre inside the city limits.
However, in Texas, the homestead can consist up to 200 acres outside a city or town and up to 10 acres inside the city limits.
In Missouri, an individual may only exempt $15,000 in a homestead. Most people do not realize a judgment lien attaches to the homestead although an individual cannot be forced to sell the homestead to satisfy the judgment. Although the lien attaches to the homestead, the individual can continue to live there unaffected by the lien for so long as he desires. Once the person dies, tries to refinance the home, sell the home or deal with the home in anyway, the creditor will collect its judgment with interest at this time.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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