Texas Family Code

§ 5.002 — SALE OF SEPARATE HOMESTEAD AFTER SPOUSE JUDICIALLY DECLARED INCAPACITATED

FA § 5.002Title 1. THE MARRIAGE RELATIONSHIP · Part B. PROPERTY RIGHTS AND LIABILITIES · Ch. 5. HOMESTEAD RIGHTS · Art. A. SALE OF HOMESTEAD; GENERAL RULE

Statute text

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If the homestead is the separate property of a spouse and the other spouse has been judicially declared incapacitated by a court exercising original jurisdiction over guardianship and other matters under Title 3, Estates Code, the owner may sell, convey, or encumber the homestead without the joinder of the other spouse. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by Acts 2001, 77th Leg., ch. 217, Sec. 25, eff. Sept. 1, 2001. Amended by:

Legislative history

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.014, eff. September 1, 2017.