Texas Section 50(a)(6) 80% Equity Cap and Owelty of Partition Divorce Buyouts — Cash Out Equity
Updated November 2026
Calculate the home-equity limit against all secured debt
Texas Constitution Section 50(a)(6) generally limits qualifying homestead equity borrowing so the new extension plus other secured balances does not exceed 80% of fair market value. At $400,000 value, that ceiling is $320,000 of combined secured debt, not $320,000 of spendable proceeds. Existing payoff and financed costs reduce the amount available. Review Texas Constitution Article XVI with the lender and title company.
Do not confuse an owelty lien with general cash-out
A properly created owelty of partition lien securing a divorce equity award is a distinct constitutional category. It is not a label borrowers can apply to unrestricted cash proceeds to avoid home-equity rules. The decree, partition documentation, title vesting and disbursement must support the transaction. Have Texas counsel and the lender review the lien before signing; refinancing an existing 50(a)(6) loan also requires its own classification analysis, even when the new transaction relates to a divorce.
Documents and decision checkpoints
| Decision | Evidence to request | Cost or underwriting consequence |
|---|---|---|
| Select assistance | Current program guide, reservation and income calculation | Funding availability and lender approval are separate |
| Estimate taxes | Assessor record, exemptions and completed-property estimate | The seller's tax bill may understate the buyer's payment |
| Compare financing | Loan Estimates with the same amount, term and lock period | Include insurance, fees and subordinate debt |
| Plan a sale or refinance | Assistance note, payoff terms and lien-release requirements | Deferred debt or recapture can reduce available equity |
For a TX transaction, confirm the rules effective on the reservation and closing dates. A 2026 title is not evidence that a funding round is open. Ask which lender conditions remain outstanding, and obtain written figures before waiving a financing contingency. Keep tax returns, account numbers and court records out of editorial correspondence.
Plan the payment and verify the source
Use the monthly payment calculator to estimate principal, interest, taxes and insurance, and the closing cost estimator to plan upfront cash. Add HOA dues, maintenance and subordinate-loan payments separately if a tool omits them. Compare loan structures in the mortgage guides directory. Calculator results are estimates, not credit decisions or rate locks.
Review the CFPB mortgage resources and HUD housing resources alongside Texas Department of Housing and Community Affairs / TDHCA and Texas Comptroller Property Tax. Verify publication dates, local requirements and lender overlays. Agency eligibility, legal ownership and mortgage approval are different determinations. This material is educational, not an offer to lend or individualized legal or tax advice.
Compare Current Home Equity & HELOC Rates
Compare current APRs, points, fees, and estimated monthly payments from participating lenders below.
Loan Program Comparison: 2026 Benchmarks
Texas Section 50(a)(6) 80% Equity Cap and Owelty of Partition Divorce Buyouts — Choose a mortgage by comparing eligibility, upfront cash and total monthly costs, not the advertised rate alone. Conventional, FHA, VA and USDA serve different borrowers. Confirm county limits, taxes, insurance and lender requirements before comparing personalized Loan Estimates for your household.
Historical 2025 one-unit comparison: conforming $806,500; FHA floor $524,225. County and unit-count limits can differ.
| Loan program | Down payment / equity | 2026 one-unit baseline | Costs and page-specific comparison |
|---|---|---|---|
| Conventional | 3%–5% subject to eligibility | $832,750 | PMI generally below 20% down |
| FHA | 3.5% at 580+; 10% at 500–579 | $541,287 floor | 1.75% upfront MIP; 0.55% annual for >95% LTV, base loan ≤$726,200, term >15 years |
| VA | 0% for eligible borrowers | No VA limit with full entitlement | No monthly PMI; funding fee unless exempt |
| USDA | 0% for eligible borrowers | Income, address and repayment eligibility | Guarantee and annual fees; confirm current schedule |
| Jumbo | Lender-specific cash and reserves | Above applicable conforming limit | Lender-specific pricing and insurance |
| Home Equity / Refinance | Equity and underwriting dependent | Property and lender dependent | Compare closing costs, term and break-even |
Sources: FHFA limits; HUD FHA limits.
Editorial Methodology & Primary Sources
Verification date: Not recorded; check the primary source and lender timestamp before relying on an estimate.
Rate comparisons use participating lender feeds, not a whole-market survey or guaranteed offers. Freddie Mac PMMS is a market benchmark, not a personalized quote. Calculator models rely on published regulatory formulas and disclosed assumptions rather than fabricated first-person loan testing.
Monthly principal and interest use the amortization formula P × r / (1 − (1 + r)−n), where r is the monthly note rate and n is the number of payments; at zero interest use P / n. PITI adds monthly property taxes and homeowners insurance; PMI is separate. APR includes applicable finance charges under Regulation Z and is not the note rate used for payments. Compare lender Loan Estimates for actual APR and fees.
- Consumer Financial Protection Bureau (CFPB) — Loan Estimates, APR and borrower disclosures; Regulation Z.
- U.S. Department of Housing and Urban Development (HUD / FHA) — FHA program guidance.
- U.S. Department of Veterans Affairs (VA) — VA loan eligibility and benefits.
- Freddie Mac Primary Mortgage Market Survey (PMMS) — published rate benchmarks.
- U.S. Census state tax collections — state property tax benchmarks; confirm parcel-specific assessments and exemptions with the state revenue department and local assessor.
- Texas Department of Housing and Community Affairs / TDHCA — housing finance program reference.
- Texas Comptroller Property Tax — property-tax and public-finance reference.
The payment snapshot uses illustrative annual taxes of 1% of home price, $1,200 insurance and 0.5% PMI below 20% down, not verified local quotes. Other calculators disclose their inputs and assumptions. Published guidance and lender feeds may change independently; confirm current program rules, taxes and offers before a decision.