Sec. 5.002. SALE OF SEPARATE HOMESTEAD AFTER SPOUSE JUDICIALLY DECLARED INCAPACITATED. 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:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.014, eff. September 1, 2017.
Structure Texas Statutes
Title 1 - The Marriage Relationship
Subtitle B - Property Rights and Liabilities
Subchapter A. Sale of Homestead; General Rule
Section 5.001. Sale, Conveyance, or Encumbrance of Homestead
Section 5.002. Sale of Separate Homestead After Spouse Judicially Declared Incapacitated
Section 5.003. Sale of Community Homestead After Spouse Judicially Declared Incapacitated