Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 5.002. Sale Of Separate Homestead After Spouse Judicially Declared Incapacitated

§ 5.002. SALE OF SEPARATE HOMESTEAD AFTER SPOUSE JUDICIALLY DECLARED INCAPACITATED. 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 Chapter XIII, Texas Probate Code, the owner may sell, convey, or encumber the homestead without the joinder of the other spouse. Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997. Amended by Acts 2001, 77th Leg., ch. 217, § 25, eff. Sept. 1, 2001.

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Last modified: August 10, 2007