Tex. Est. Code § 102.005 · Chapter 102. PROBATE ASSETS: DECEDENT'S HOMESTEAD

PROHIBITIONS ON PARTITION OF HOMESTEAD.

Verbatim from the official edition

Text — Current through the 89th 2nd Called Legislative Session, 2025

The homestead may not be partitioned among the decedent's heirs:

(1) during the lifetime of the surviving spouse for as long as the surviving spouse elects to use or occupy the property as a homestead; or

(2) during the period the guardian of the decedent's minor children is permitted to use and occupy the homestead under a court order.

Notes and commentary — not statutory text

History

Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.

Source of truth

Edition: Current through the 89th 2nd Called Legislative Session, 2025
Official file: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.102.htm
Text hash: sha256 10a4ce5840d6b60f851a1d4664ff463c9aa399070af09a03edb9b81f7c17b13b
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

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.