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Go Back   SailNet Community > General Interest > General Discussion (sailing related)
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  #1  
Old 03-10-2007
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Angry Boat Homestead

The Supreme Court of Texas, in a five to four decision, has held that a boat may not be held as a homestead. That is, there is no homestead protection for a boat in bankruptcy or from civil judgment. Even though you live aboard and it is your sole dwelling place, you do not have the legal protections afforded to a mobile home owner.(AKA, Tornado Attractors). The Court notes that a boat can be a homestead in Florida, Illinois, Alabama and Kentucky. It reasons that it would not increase homestead protections on its own and called it the responsibility of the State Legislature to extend the protection. The dissenting Justices maintained that if mobile homes could be homestead, then boats could also be so considered.
Cause No. 05-0476, Norris V. Thomas, February 9, 2007. http://www.supreme.courts.state.tx.u...feb/050476/htm
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Old 03-10-2007
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Wow... I just read both the opinion of the court (http://www.supreme.courts.state.tx.u...feb/050476.htm) and the dissenting opinion (http://www.supreme.courts.state.tx.u...b/050476d.htm). That's some pretty incredible stuff. He doesn't own a house. He lives on the boat. Because it's not on land, it's not considered a protected homestead. Incredible!
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Old 03-10-2007
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Supreme Court Justices in Texas are elected, staggered six year terms ...
vote 'em out ...
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Old 03-10-2007
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homestead

Actually a homestead is defined as a home attached to real property (real estate) within a certain size and value limitation. A boat is not real estate but personal property. I agree with the decision as a private citizen and as a realtor in Texas.
pigslo
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Old 03-11-2007
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While a boat can not really be considered a homestead, it most certainly can be a home... and as such, it should be afforded the protections of a home... if it is the person's primary residence...
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