Could You Lose Your Car or Home After a Texas Drug Charge?

 Posted on December 11, 2025 in Criminal Defense

Most of us are aware that a drug conviction can lead to jail time and steep fines. Far fewer people know that in Texas, you could face the loss of your car, cash, and even your home simply for being charged with a drug offense. That is charged, not convicted – property can be seized on suspicion alone under Texas law (Code of Criminal Procedure, Chapter 59).

In fact, Texas has some of the broadest civil asset forfeiture laws in the country, allowing police and prosecutors to seize property they believe could be connected to criminal activity. A car used for transportation during an alleged drug deal, cash presumed to be from drug sales, and even homes suspected of storing drugs can all be targeted.

If you are navigating drug charges, these hidden forfeiture penalties can quickly become the most devastating part of the entire case. If you are fighting criminal charges and a civil lawsuit against your property, you need a highly experienced Floresville, TX criminal defense lawyer to build a solid defense on your behalf while helping you keep your hard-earned assets.

Why Does Asset Seizure Happen in Texas Drug Cases?

Texas law allows police to seize property that is "used in, intended to be used in, or derived from" certain drug offenses. As you can see, the language is broad and highly subjective. Civil forfeiture actions run separately from the criminal case; property is technically sued in court (i.e., State of Texas vs. 2019 Ford F-150). The burden of proof in a forfeiture case is lower than that in a criminal prosecution, making seizures easier for the state.

Texas forfeiture laws do not even require the government to prove that you committed a drug offense, only that your property was "substantially connected" to one. This means that a family member or friend using your car or your home to store or transport drugs could cause you to lose those assets even though you had no knowledge of the drug crime and no involvement.

So, if the police believe your vehicle is transporting drugs, drug money, or people involved in drugs, it can be seized. Vehicle seizures are common in traffic-stop possession cases, delivery of controlled substance cases, and "drug proceeds" money seizures. A home that is being used to store drugs, manufacture drugs, or facilitate the sale of drugs can be subject to seizure and forfeiture. This applies to single-family homes, rural properties, and even rental houses.

Does the Texas Homestead Exemption Protect Your Home?

Texas homestead laws can protect primary residences from many types of forced sales, but not from criminal forfeiture. That said, the prosecutor must prove that the home was knowingly used for a felony drug offense and that there is a direct connection between the property and the crime. Innocent owner defenses are available when a spouse or co-owner had no knowledge of drug activity or a rental property owner had no reason to know about his or her tenant’s behavior. Losing a home to forfeiture is less common than losing a car, but far from impossible.

What Happens to Seized Property During Your Criminal Case?

If you do not promptly contest the seizure of your vehicle, it may be quickly auctioned off. Any cash that is seized is usually quickly absorbed into law enforcement budgets. Homes require court approval before being sold, which creates a longer window of time for litigation. Since Texas forfeiture cases have very short deadlines – often 20 -30 days – you must take action immediately. If you take no action, a default judgment may be entered, resulting in permanent loss of your property. Early legal representation can lead to reduced forfeiture demands, the return of your property, or negotiated settlements.  

Contact a Wilson County, TX Criminal Defense Lawyer

If you were arrested for a Texas drug crime and the police seized your car, cash, or home, you do not have to accept the loss, but you do have to respond quickly. A skilled Floresville, TX drug crimes attorney from BRCK Criminal Defense Attorneys can help you challenge the seizure while defending your criminal charges. Every partner in our firm is either a former criminal prosecutor or a judge. Call 830-769-1010 to schedule your free consultation. Attorneys speak Spanish.