This is one of those situations where I would not add your mom to the deed until you talk with both the mortgage lender and a Texas property-tax professional. The Family Opportunity Mortgage may help with the financing, but it doesn't automatically make your mom an owner for purposes of a Texas homestead exemption. Texas homestead exemptions generally depend on the property being the owner's qualifying residence, and the person claiming the exemption generally needs an ownership interest. Since you and your spouse are currently on title, the county may be correct that your mom cannot claim the exemption simply because she lives there. Adding your mom to the deed could potentially change the situation, but it can also create mortgage, title, tax, gift, and estate-planning consequences. More importantly, your mortgage documents may contain a due-on-sale or transfer provision, so I would get the lender's written approval before making any ownership change. I'd also ask the county appraisal district specifically whether your mom could qualify for a homestead exemption based on the particular ownership structure and whether there are any exemptions available to her as an elderly homeowner. Don't assume that adding her to the deed is the only solution. Because you also have your own homestead exemption on your primary residence, I'd have a Texas real estate attorney or property-tax attorney review both properties before making a change. They can look at the deed, mortgage, homestead status, and your mom's occupancy and determine whether there is a legal way to structure this without jeopardizing your existing exemption or loan. The important thing is don't change title first and ask questions afterward. Get the lender and county's position in writing, then have a Texas professional determine the safest structure. Juan Picos Real Estate Agent JohnHart Real Estate


