What Are Texas's Special Rules for Home Equity Loans and Cash-Out Refinancing?

Texas allows home equity loans, home equity lines of credit and cash-out refinances on a homestead, but under its constitution: combined loans are capped at 80% of the home's value, you can have only one such loan at a time and you have to wait 12 months between them. A VA cash-out refinance isn't allowed on a Texas homestead. The idea that Texas bans home equity borrowing outright is a myth.

Last updated September 29, 2026

Can I get a home equity loan or line of credit in Texas?

Yes. Article XVI, Section 50(a)(6) of the Texas Constitution allows home equity loans, home equity lines of credit and cash-out refinances on a homestead, with borrower protections built in. The main one is the cap: all loans against the homestead together can't exceed 80% of its value.

Why can't I do a VA cash-out refinance in Texas?

Because of how the constitution treats collateral. In a 2018 opinion (KP-0183), the Texas Attorney General concluded that the federal guaranty on a VA loan counts as additional collateral, which Section 50(a)(6) doesn't allow, so a VA cash-out refinance on a Texas homestead isn't permitted. An FHA-insured home equity loan is legally possible, but it's rare in practice: FHA's mortgage insurance premium makes it hard to fit under the constitution's 2% cap on fees. So Texas homeowners who want cash out usually turn to a conventional home equity loan, line of credit or cash-out refinance.

How long do I have to wait between cash-out loans?

Twelve months. Texas doesn't allow a new Section 50(a)(6) loan to close until a year after the last one closed on the same homestead, and only one can be secured by the homestead at a time. So you can't take a second cash-out loan, or refinance a home equity loan into a new one, until a full year has passed.

It depends on your situation:

  • You want cash from a Texas homestead with a conventional loan: a home equity loan, line of credit or cash-out refinance can work, within the 80% cap.
  • You have a VA loan: a VA cash-out isn't available on a Texas homestead, so look at a conventional option.
  • You took cash out within the past year: you'll need to wait until 12 months after that closing.
  • You already have a Section 50(a)(6) loan: it has to be the only one; a new one would replace it.
Key facts
Home equity loans, lines of credit, cash-out refinancesAllowed on a homestead under Section 50(a)(6)
Combined loan-to-value cap80% of the home's value
VA cash-out refinance on a homesteadNot permitted (Attorney General Opinion KP-0183)
FHA-insured home equity loanLegally possible, rarely offered because of the 2% fee cap
Number of Section 50(a)(6) loansOne at a time
Wait between cash-out closings12 months

Related questions

Sources

  • https://statutes.capitol.texas.gov/Docs/CN/htm/CN.16.htm
  • https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2018/kp0183.pdf
  • https://selling-guide.fanniemae.com/sel/b5-4.1/general-requirements-texas-section-50a6-loans
  • https://www.lendfriendmtg.com/learning-center/cash-out-refinances-in-texas
  • https://www.mortgagelaw.com/insights/texas-home-equity-lending-and-prohibited-additional-collateral-part-two-va-guaranties-and-fha-mortgage-insurance

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