Tex. Const. art. XVI, § 52 · Article 16. GENERAL PROVISIONS
DESCENT AND DISTRIBUTION OF HOMESTEAD; RESTRICTIONS ON PARTITION.
Text — Current through the amendments approved by voters in November 2025
On the death of the husband or wife, or both, the homestead shall descend and vest in like manner as other real property of the deceased, and shall be governed by the same laws of descent and distribution, but it shall not be partitioned among the heirs of the deceased during the lifetime of the surviving husband or wife, or so long as the surviver† may elect to use or occupy the same as a homestead, or so long as the guardian of the minor children of the deceased may be permitted, under the order of the proper court having the jurisdiction, to use and occupy the same.
Notes and commentary — not constitutional text
History
(Feb. 15, 1876.)
Publisher's footnote
† The language of this provision is identical to the language of the official legislative measure that originally proposed the provision. A digital image of the original text of the official enrolled measure can be found here.
Source of truth
- Edition
- Current through the amendments approved by voters in November 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CN/htm/CN.16.htm
- Text hash
- sha256 96b04e10831d05e8cee9ad80e1dc8d6499acab13de4a0d609310a02f6a10b8a1
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 1 provision
Provisions in this library whose text cites Tex. Const. art. XVI, § 52. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.