Sec. 102.006. CIRCUMSTANCES UNDER WHICH PARTITION OF HOMESTEAD IS AUTHORIZED. The homestead may be partitioned among the respective owners of the property in the same manner as other property held in common if:
(1) the surviving spouse dies, sells his or her interest in the homestead, or elects to no longer use or occupy the property as a homestead; or
(2) the court no longer permits the guardian of the minor children to use and occupy the property as a homestead.
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