Sec. 102.005. PROHIBITIONS ON PARTITION OF HOMESTEAD. 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle C - Passage of Title and Distribution of Decedents' Property in General
Chapter 102 - Probate Assets: Decedent's Homestead
Section 102.001. Treatment of Certain Children
Section 102.002. Homestead Rights Not Affected by Character of the Homestead
Section 102.003. Passage of Homestead
Section 102.004. Liability of Homestead for Debts
Section 102.005. Prohibitions on Partition of Homestead
Section 102.006. Circumstances Under Which Partition of Homestead Is Authorized