Tex. Est. Code § 1352.053 · Subchapter B. MORTGAGE OF MINOR'S INTEREST WITHOUT GUARDIANSHIP
APPLICATION; VENUE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A parent or managing conservator shall apply to the court under oath for the authority to encumber the residence homestead as provided by this subchapter.
(b) The application must contain:
(1) the minor's name and address;
(2) a legal description of the property constituting the homestead;
(3) a description of the minor's ownership interest in the property constituting the homestead;
(4) the fair market value of the property constituting the homestead;
(5) the amount of the home equity loan;
(6) the purpose or purposes for which the home equity loan is being sought;
(7) a detailed description of the proposed expenditure of the loan proceeds to be received by the parent or managing conservator on the minor's behalf; and
(8) a statement that all loan proceeds received by the parent or managing conservator on the minor's behalf through a home equity loan authorized under this subchapter shall be used in a manner that is for the minor's benefit.
(c) Venue for the application is the same as venue for an application for the appointment of a guardian for a minor.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, 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.1352.htm
- Text hash
- sha256 d2785d5adb0e55a4981d566b151a926e19c761f6ed0bfb4d2245da855d4d029b
- 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 2 provisions
Provisions in this library whose text cites Tex. Est. Code § 1352.053. 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.