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Tax Code Sec. 11.13 — Homestead Exemption

Texas Homestead Exemption and a Home Sale: What Actually Transfers to the Buyer (and What Doesn't)

"The exemption stays with the house" is the assumption that costs new buyers real money. It doesn't. It's tied to the person who owns and occupies the home, not the property itself, and the buyer has to file their own application after closing.

By Heath Shepard, Texas REALTOR® Updated 2026-08-12

Agents say it out of habit at almost every closing: "don't worry, the exemption carries over." It doesn't. Under Texas law, the residence homestead exemption is tied to the person who owns and occupies the property as their principal residence — not to the property itself. When a home sells, the seller's exemption doesn't move to the buyer. The buyer has to qualify and file for their own, from scratch, after closing.

The short answer

Nothing about a homestead exemption is deed-attached. It isn't recorded against the property, it isn't disclosed on the Seller's Disclosure Notice, and title doesn't carry it forward. A new owner who does nothing after closing will simply be taxed on the full appraised value of the home the following year — no $140,000 school-district exemption, no over-65 or disability add-on, nothing — until they file their own application.

What Tax Code Sec. 11.13 actually grants

Tax Code Sec. 11.13 is the statute that creates the exemption in the first place, and its structure explains why it can't transfer. Sec. 11.13(b) requires school districts to exempt $140,000 of a residence homestead's appraised value from school taxes. Sec. 11.13(c) adds an additional $60,000 school-tax exemption for owners age 65 or older or disabled. Sec. 11.13(a) provides a separate, smaller $3,000 exemption from certain county-purpose taxes. All of it depends on Sec. 11.13(j)(1)'s definition of a residence homestead: a structure "used as a residence" and "occupied as the individual's principal residence by an owner." The exemption is a benefit that attaches to a qualifying owner-occupant, not a feature of the parcel. Sec. 11.13(h) reinforces this by capping any one person to a single homestead exemption at a time — another sign the law is tracking the person, not the address.

Why the qualification date matters: Sec. 11.42

Tax Code Sec. 11.42(a) sets the baseline rule: eligibility for an exemption in a given tax year is determined by the claimant's qualifications as of January 1 of that year. A buyer who closes in June doesn't retroactively qualify for that January 1 snapshot — the seller (or whoever owned and occupied the home on January 1) was the one who qualified, if anyone did. Sec. 11.42(f) carves out a narrow exception: a buyer who acquires a homestead after January 1 can receive the exemption for the remaining part of that same tax year, but only if the previous owner did not already claim the same exemption for that year. In practice, most sellers who lived in the home did claim it, so this exception rarely helps the buyer in the year of purchase — the buyer's own exemption realistically starts the following tax year.

What the buyer actually has to do: Sec. 11.43 and Form 50-114

Tax Code Sec. 11.43(a) requires a person claiming most exemptions, including the residence homestead exemption, to apply for it by filing a completed application with the chief appraiser of the appraisal district where the property is located. The form is the Comptroller's Form 50-114, Application for Residence Homestead Exemption — the same form covers the general homestead exemption plus the age-65, disabled, and disabled-veteran variants, and it's filed with the county appraisal district, not the Comptroller's office. Sec. 11.43(d) sets the general filing window: before May 1 of the tax year for which the exemption is claimed for someone who owned the home on January 1, or before the first anniversary of the acquisition date for someone (like most home buyers) who acquires the property after January 1. Filing after that window doesn't necessarily forfeit the exemption outright — appraisal districts routinely process late homestead applications for a period of years after the filing deadline — but a buyer shouldn't count on that grace period; the clean path is filing promptly after closing.

What actually does carry over at closing: the tax proration

This is the piece that gets confused with the exemption "transferring." It doesn't — what happens instead is a one-time proration of the tax bill for the year of sale. Paragraph 13 (Prorations) of the current One to Four Family Residential Contract, TREC No. 20-19 (effective 07/01/2026), states that taxes for the current year are prorated through the closing date, and that the proration "may be calculated taking into consideration any change in exemptions that will affect the current year's taxes." That's a math adjustment between buyer and seller at the closing table for that one tax year — based on whatever exemption status applied to the home during the year of sale — not a transfer of the exemption itself going forward. Because the actual tax bill for the closing year often isn't final at the time of closing, contracts frequently prorate on an estimate and leave the door open to true up once the real bill arrives, which is a separate negotiation from anything the exemption itself controls.

Over-65, disabled, and other special exemptions

The same rule applies to the enhanced exemptions. If the seller was 65 or older, or qualified as disabled, and received the additional Sec. 11.13(c) exemption or a school-tax ceiling tied to that status, none of it passes to the buyer. The buyer has to independently qualify (based on their own age or disability status) and file their own application to get any of it. A seller who is 65+ and buys a new Texas homestead may be able to carry a tax-ceiling benefit forward to their own new home — that's a separate portability concept for the same person moving, and it has its own filing process through the appraisal district. It has nothing to do with what a buyer inherits from that seller's old home.

The seller's side: a notification duty, not a transfer

Tax Code Sec. 11.43(g) puts a duty on the person who received an exemption not required to be claimed annually (which includes the general homestead exemption) to notify the appraisal office in writing before May 1 after their entitlement to the exemption ends. Selling and moving out is exactly the kind of event that ends entitlement. In practice, appraisal districts often catch a sale through the recorded deed and update their own records, but the statutory duty to speak up sits with the person whose entitlement ended — worth a mention to a selling client who's moving to a new Texas homestead, since they'll need to make sure the exemption gets removed from the old address and applied to the new one rather than lingering (or worse, getting flagged) on a home they no longer own or occupy.

What this means for the file, practically:
Not tax advice. This explains how the exemption statute and the standard TREC proration clause work in the general case. A buyer's specific eligibility, a seller's tax-ceiling portability situation, or a contested late-filing scenario should go to the county appraisal district or a licensed Texas attorney/CPA — not get resolved off this guide alone.

Try the calculator

Filing the new homestead exemption isn't a contract deadline with a penalty clause the way the option period is, but missing the filing window still costs the buyer real money for a full tax year. Build it into the post-closing task list. The deal's actual deadline math still works the same way below.

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Frequently asked

Does the homestead exemption automatically transfer to me when I buy a home in Texas? +
No. Under Tax Code Sec. 11.13(j)(1), the exemption belongs to the person who owns and occupies the property as their principal residence, not to the property itself. When the home sells, the seller's exemption doesn't carry over. You have to qualify and file for your own exemption after closing.
Do I get the seller's exemption for the year I buy the house? +
Usually not. Tax Code Sec. 11.42(a) determines exemption eligibility for a tax year based on qualifications as of January 1 of that year. Sec. 11.42(f) allows a buyer who acquires the home after January 1 to get the exemption for the rest of that year, but only if the previous owner didn't already claim it for that same year — which most owner-occupant sellers already did.
What form do I file to get my own homestead exemption, and where does it go? +
Form 50-114, Application for Residence Homestead Exemption. File it with the chief appraiser at the county appraisal district where the property is located — not with the Texas Comptroller's office. The Comptroller publishes the form; the appraisal district processes it.
What's the deadline to file after buying a house? +
Tax Code Sec. 11.43(d) sets the general deadline as before May 1 of the tax year, or before the first anniversary of the date you acquired the property if you bought it after January 1. Appraisal districts commonly process late homestead applications for a period of years afterward, but don't rely on that — file promptly after closing.
What actually happens with taxes at closing if the exemption doesn't transfer? +
The contract prorates the current year's tax bill between buyer and seller through the closing date. Paragraph 13 of the One to Four Family Residential Contract (TREC No. 20-19) allows that proration to account for a change in exemptions affecting the current year's taxes. That's a one-time closing-day adjustment, not an ongoing transfer of the exemption itself.
Does an over-65 or disabled exemption transfer to a new buyer? +
No — same rule as the general homestead exemption. The buyer must independently qualify by age or disability status and file their own application. A seller's tax-ceiling benefit can sometimes carry forward to a new home they buy for themselves, but that's a portability benefit for that same person, not something a buyer of their old home inherits.