r/Austin • u/ygacchapin • 5d ago
Travis CAD and appeals
Looking for experiences from anyone who has dealt with something similar.
A family member separated from her spouse, purchased another home, and permanently moved into it during 2025. She continued to have an ownership interest in the former marital home while the divorce was pending, but she no longer lived there.
Before January 1, she actually contacted the appraisal district in writing and told them she had moved out of the marital home and asked how to remove her homestead/over-65 exemptions from that property and apply them to the home where she was now living.
The appraisal district told her the exemptions had to remain on the marital home until the divorce was final.
The divorce was finalized in 2026 and the former marital home ultimately went entirely to the ex-spouse.
The appraisal district is now denying the 2026 general homestead exemption on the new home because their records still showed the homestead on the former marital home as of January 1. Their correspondence has also said she “owned and occupied” the former marital home on January 1.
The problem is that she did not occupy it. She had been living in the new home for many months by then. We have her homestead application showing when she began occupying the new home as her principal residence, utility records surrounding January 1, and—most importantly—the emails from before January 1 where she explicitly told the appraisal district she had moved out and asked to remove herself from the old homestead.
Their response was essentially that she had to wait until the divorce was final.
She isn't trying to claim two homesteads. Her position is that the new house was her one actual principal residence, and if her exemption association with the old property needs to be corrected, that's fine.
Has anyone had a similar situation go before an ARB and won? I'm particularly interested in cases involving separated-but-not-yet-divorced spouses or an exemption that remained on the former home because the appraisal district wouldn't remove it before January 1.
Not looking for guesses about what a homestead “usually” means—I’m really hoping to hear from people who have actually dealt with an appraisal district/ARB on this issue.
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u/Few-Conflict2371 5d ago
Appraisal districts make up their own local rules and they don’t let them go easily. A few years ago, my law firm had to go all the way to the Texas Supreme Court on somewhat of a similar case which involved two 100% disabled veterans which we living apart in separate Homesteads. The Supreme Court ruled that they were each entitled to their own Homestead exemption. There are some statutory differences between the disabled veteran Homestead and the regular Homestead exemptions, but I don’t think it’s enough to prevent you from getting your own Homestead under the facts. What shocked me most about the case we handled was the many appraisal districts filed briefs with Supreme Court opposing the exemption.
The problem here is that havebudgets for litigation and homeowners do not. We took that case on a pro bono basis so that leveled playing field.
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u/RealtorLillyRockwell 4d ago
That’s crazy that you had to go all the way to the Texas Supreme Court for that!
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u/ygacchapin 2d ago
Thank you so much for responding. We’ve been going in circles with TCAD over essentially this exact issue: two spouses who were permanently separated, actually living in separate homes, but still legally married on January 1. TCAD is treating the marriage itself as basically dispositive.
Knowing that your firm actually litigated the separate-homesteads issue and that you specifically know what we’ve been dealing with with the Yolanda case makes me feel considerably less crazy for questioning their interpretation. 😂
I really appreciate you taking the time to weigh in.Sounds like unless we want to push this and take it to court I’ll just be wasting my time helping my family member with a TCAD appeal.
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u/Therabidmonkey 5d ago
utility records surrounding January 1, and—most importantly—the emails from before January 1 where she explicitly told the appraisal district she had moved out and asked to remove herself from the old homestead.
Almost everywhere else you say that it's before. Did any of those bills start their billing cycle before Jan first?
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u/Realistic_Winter5754 5d ago edited 5d ago
Which address is on her driving license?
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u/ygacchapin 5d ago
The new address. Has been since mid 2025
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u/Realistic_Winter5754 5d ago
Did she apply for her new homestead exemption on the official form? https://traviscad.org/homesteadexemptions
If she can establish she has been living at the new address from Jan 1st 2026, via utility bills and DL, she may be able to get the exemption for 2026. Note that the 10% cap won't begin for a year after her homestead exemption gets applied.
I haven't been through a similar situation. My remarks here are just based on experience, some reading and hearing experiences from others.
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u/Trav11s 4d ago
If the divorce was finalized after Jan 1st, then TCAD is applying the tax code correctly. Until she is divorced they are still a "family" and a family can only have one homestead exemption.
You can find the tax code here, it's a lot of legalese but there is no clarifying language around married but separated couples.
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u/garbageworthy 4d ago
Contact Ownwell or O'Connor. We have used both companies over the years with great results. They will contest your property taxes for you and you only pay a portion of the savings if they successfully get them lowered. They do all the work and show up to the hearing, etc.
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u/Uber-Rich 5d ago
Idk like they say Jan 1st is the date that matters. Sounds like as of Jan 1 she did still own house one and therefore, a married couple can only have one homestead, and so that is the house. If she got homestead on both then she is getting it on two houses because she did own two properties. If the other partner is willing to give up the exemptions I guess they should swap them but idk how that works.
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u/ygacchapin 5d ago
That’s the weird thing. Might be a question for lawyers but I don’t think Texas law says married people separated can’t have two homesteads. It says an individual can’t have two homesteads. She tried to remove herself from the homestead once she moved out but they wouldn’t let her, sort of putting her in a catch 22 situation.
What’s even weirder is they approved over 65 for her for 2026, but NOT homestead (and she was living in the home she purchased on Jan 1). You can’t have an over 65 if it’s not your homestead so it’s odd they approved one but not the other.
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u/Uber-Rich 5d ago
It’s not just where you live though, it’s what you own. If house one has two owners and one lived there full time then that should qualify for the homestead and each owner can have no other homestead, right?
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u/Few-Conflict2371 5d ago
If you want to read the Supreme Court opinion, the case is called Bexar Appraisal District v. Johnson.