Sale of Community Homestead After Spouse Judicially Declared Incapacitated
Homestead Rights · Sale of Homestead; General Rule
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.
Official text of the Texas Family Code as published by the Texas Legislative Council.
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.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.015, eff. September 1, 2017.
