Every state has a list of property which may not be seized in order to satisfy a debt owed another person. For example, Texas is very serious about a person's homestead. There are few, if any, circumstances under which the state would allow the foreclosure upon a homestead simply for the purpose of paying a debt. The only exception is related to a secured lien which was created by a Deed of Trust. Deeds of Trust related to the financing of the homestead can be utilized to cause a foreclosure. Further, the proceeds from the sale of a homestead are exempt from seizure for a period of six months.

Other than the homestead, Texas law allows for certain personal property to be claimed as exempt. Chapter 42 of the Texas Property Code contains two different types of exemptions for personal property: (1) an "aggregate" exemption for certain kinds of personal property, limited by the combined value of the property; and (2) unlimited exemptions for other kinds of personal property.

Aggregate Exemptions Authorized by Sections 42.001(a)

Under section 42.001(a) of the Texas Property Code, families and single adults may exempt certain kinds of personal property from the claims of creditors as long as the combined fair market value of the property does not exceed: (1) $60,000 for a family; or (2) $30,000 for a single adult. Generally, a debtor may pick and choose what particular items of property to include within the aggregate exemption as long as the items fall within the specified categories and the total value of the property does not exceed the $60,000 or $30,000 cap. If the combined value of the items in the different categories exceeds the value cap, the debtor must designate which items to exempt. Texas Property Code § 42.003.

Types of Personal Property that May Be Included in the Aggregate Exemption -- The kinds of personal property listed in section 42.002(a) that may be included within the aggregate exemption are: (1)home furnishings and family heirlooms; (2) provisions for consumption; (3) farming or ranching vehicles and implements; (4) tools, equipment, books and apparatus, including boats and motor vehicles, used in a trade or profession; (5) clothes; (6) jewelry, as long as it does not exceeds 25% of the value of the aggregate exemption; (7) two firearms; (8) athletic and sporting equipment, including bicycles; (9) a motor vehicle for each member of a family or single adult who (A) holds a driver’s license or (B) does not hold a drivers license but relies on another person to operate the vehicle for the unlicensed person; (10) the following animals, including forage on hand for their consumption: (A) horses, mules, or donkeys, including a saddle , blanket and bridle for each one; (B) 12 head of cattle; (C) 60 head of other types of livestock; and (D) 120 fowl; and (11) household pets.

In addition to the kinds of personal property listed in section 42.002(a), a debtor may also include within the aggregate exemption unpaid commissions for personal services as long as the amount does not exceed 25% of the value cap. Texas Property Code § 42.001(d).

Unlimited Exemptions under Property Code Section 42.001(b)

In addition to the kinds of personal property that may be exempted under the aggregate exemption of section 42.001 (a), a debtor may also exempt, without regard to value, the following kind of property: (1) current wages for personal services; (2) professionally prescribed health aids of the debtor or a dependent of the debtor; and (3) alimony, support, or separate maintenance received or to be received by the debtor for the debtor’s support or a dependent of the debtor.