If a homestead claimant is married, a homestead cannot be abandoned without the consent of the claimant's spouse.
Tex. Prop. Code § 41.004
ABANDONMENT OF A HOMESTEAD
Applied in 5 court decisions — leading case Odes Ho Kim v. Dome Entertainment Center, Inc. (2014)
Most recently applied in Drake Interiors, Inc. v. Thomas (February 2018)
Added by Acts 1985, 69th Leg., ch. 840, Sec. 1, eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.