Sale of Separate Homestead After Spouse Judicially Declared Incapacitated
Homestead Rights · Sale of Homestead; General Rule
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.
Official text of the Texas Family Code as published by the Texas Legislative Council.
