Texas Estates Code

§ 102.005 — PROHIBITIONS ON PARTITION OF HOMESTEAD

ES § 102.005Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part C. PASSAGE OF TITLE AND DISTRIBUTION OF DECEDENTS' PROPERTY IN GENERAL · Ch. 102. PROBATE ASSETS: DECEDENT'S HOMESTEAD

Statute text

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The homestead may not be partitioned among the decedent's heirs:

(1)during the lifetime of the surviving spouse for as long as the surviving spouse elects to use or occupy the property as a homestead; or

(2)during the period the guardian of the decedent's minor children is permitted to use and occupy the homestead under a court order.

Legislative history

Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.