
§ 5.101. SALE OF SEPARATE HOMESTEAD UNDER UNUSUAL 
CIRCUMSTANCES.  If the homestead is the separate property of a 
spouse, that spouse may file a sworn petition that gives a 
description of the property, states the facts that make it 
desirable for the spouse to sell, convey, or encumber the homestead 
without the joinder of the other spouse, and alleges that the other 
spouse:
		(1)  has disappeared and that the location of the 
spouse remains unknown to the petitioning spouse;
		(2)  has permanently abandoned the homestead and the 
petitioning spouse;    
		(3)  has permanently abandoned the homestead and the 
spouses are permanently separated;  or
		(4)  has been reported by an executive department of 
the United States to be a prisoner of war or missing on public 
service of the United States.

Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.  
Amended by Acts 2001, 77th Leg., ch. 217, § 26, eff. Sept. 1, 
2001.

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Last modified: August 10, 2007