More Categories

Section 5.003 – Sale Of Community Homestead After Spouse Judicially Declared Incapacitated

May 14, 2021 | Family Law, Texas

If the homestead is the community property of the spouses and one spouse has been judicially declared incapacitated by a court exercising original jurisdiction over guardianship and other matters under Title 3, Estates Code, the competent spouse may sell, convey, or encumber the homestead without the joinder of the other spouse.

Tex. Fam. Code ยง 5.003

Amended by Acts 2017, Texas Acts of the 85th Leg. – Regular Session, ch. 324,Sec. 22.015, eff. 9/1/2017.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Renumbered from Family Code Sec. 5.107 and amended by Acts 2001, 77th Leg., ch. 217, Sec. 29, eff. Sept. 1, 2001.