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Section 5.002 – Sale Of Separate Homestead After Spouse Judicially Declared Incapacitated

May 14, 2021 | Family Law, Texas

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.

Tex. Fam. Code ยง 5.002

Amended by Acts 2017, Texas Acts of the 85th Leg. – Regular Session, ch. 324,Sec. 22.014, eff. 9/1/2017.
Amended by Acts 2001, 77th Leg., ch. 217, Sec. 25, eff. Sept. 1, 2001.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.