Texas Family Code Title 1, Chapter 5 - Homestead Rights

SUBCHAPTER A SALE OF HOMESTEAD; GENERAL RULE

• Texas Section 5.001 - Sale, Conveyance, Or Encumbrance Of Homestead
  Whether the homestead is the separate property of either spouse or community property, neither spouse may sell, convey, or encumber the homestead without the joinder...
• Texas Section 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...

SUBCHAPTER B SALE OF HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES

• Texas Section 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...
• Texas Section 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...
• Texas Section 5.102 - Sale Of Community Homestead Under Unusual Circumstances
  If the homestead is the community property of the spouses, one spouse may file a sworn petition that gives a description of the property, states...
• Texas Section 5.103 - Time For Filing Petition
  The petitioning spouse may file the petition in a court of the county in which any portion of the property is located not earlier than...
• Texas Section 5.104 - Appointment Of Attorney
  (a) Except as provided by Subsection (b), the court may appoint an attorney in a suit filed under this subchapter for the respondent. (b) The...
• Texas Section 5.105 - Citation; Notice Of Hearing
  Citation and notice of hearing for a suit filed as provided by this subchapter shall be issued and served in the manner provided in Subchapter...
• Texas Section 5.106 - Court Order
  (a) After notice and hearing, the court shall render an order the court deems just and equitable with respect to the sale, conveyance, or encumbrance...
• Texas Section 5.108 - Remedies And Powers Cumulative
  The remedies and the powers of a spouse provided by this subchapter are cumulative of the other rights, powers, and remedies afforded the spouses by...

Last modified: September 28, 2016