Tex. Fam. Code § 5.101 · Subchapter B. SALE OF HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES
SALE OF SEPARATE HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
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.
Notes and commentary — not statutory text
History
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by Acts 2001, 77th Leg., ch. 217, Sec. 26, eff. Sept. 1, 2001.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.5.htm
- Text hash
- sha256 1cc9095f44169702c85b64a42e3d107dd923293dfa74c3c84490d8779d4029d9
- 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. Fam. Code § 5.101. 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.