Norris v. Thomas, 215 S.W.3d 851 (2007).
In a certified question from a bankruptcy case pending in the United
States Court of Appeals for the Fifth Circuit, the Texas Supreme Court
in a 5-4 decision determined in a case of first impression that a boat
does not qualify as a homestead under Texas Constitution, Article XVI,
§§ 50 & 51. Although the boat was used as the claimant’s primary
residence and otherwise satisfied the requirements of a homestead, it
could not qualify for homestead protection because it was not attached
to land. In the court’s words, “In order to qualify as a homestead, a
residence must rest on the land and have a requisite degree of physical
permanency, immobility, and attachment to fixed realty. A dock-based
umbilical cord providing water, electricity, and phone service may help
make a boat habitable, but the attachment to land is too slight to
warrant homestead protection.” Norris at 403.
Moral: The surviving spouse and minor children of a decedent whose
primary residence is a boat will not be able to claim homestead rights
such as the right to occupy the homestead until death, reaching age of
majority, or abandonment. Likewise, the floating home will not be
protected from the estate’s general creditors.