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Tex. Est. Code § 102.005

PROHIBITIONS ON PARTITION OF HOMESTEAD

Applied in 1 court decision — leading case Laura S. Wassmer and Stephen B. Hopper v. Jo N. Hopper (2014)

Most recently applied in Laura S. Wassmer and Stephen B. Hopper v. Jo N. Hopper (December 2014)

Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff

The homestead may not be partitioned among the decedent's heirs:

(1) during the lifetime of the surviving spouse for as long as the surviving spouse elects to use or occupy the property as a homestead; or

(2) during the period the guardian of the decedent's minor children is permitted to use and occupy the homestead under a court order.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.