Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 5.003. Sale Of Community Homestead After Spouse Judicially Declared Incapacitated

§ 5.003. SALE OF COMMUNITY HOMESTEAD AFTER SPOUSE JUDICIALLY DECLARED INCAPACITATED. 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 Chapter XIII, Texas Probate Code, the competent spouse 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. Renumbered from V.T.C.A., Family Code § 5.107 and amended by Acts 2001, 77th Leg., ch. 217, § 29, eff. Sept. 1, 2001.

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Last modified: August 10, 2007