Texas Affidavit of Contract – Homestead Form

Fill out the form on the right to download your Texas Affidavit of Contract – Homestead Form template. Use this form to create an Affidavit of Contract that will be filed along with your provided contract.

In order to later claim a valid mechanics lien in Texas against a homestead property, the party furnishing labor and/or materials at the owner’s request must execute a written contract and have the contract filed with the county clerk of the Texas county in which the homestead property is located.

This contract must set forth the terms of the agreement and be executed before any labor or material is furnished.

Pro tip: If the property owner is married, the Texas Affidavit of Contract must be signed by both spouses.

This form was prepared by construction attorneys to meet the requirements in Texas Mechanics’ Lien Law, V.T.C.A.. Property Code § 53.001 et. seq.