The homestead rights and the respective interests of the surviving spouse and children of a decedent are the same whether the homestead was the decedent's separate property or was community property between the surviving spouse and the decedent.
Tex. Est. Code § 102.002
HOMESTEAD RIGHTS NOT AFFECTED BY CHARACTER OF THE HOMESTEAD
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.