Tex. Prop. Code § 240.009 · Subchapter A. GENERAL PROVISIONS
POWER TO DISCLAIM; GENERAL REQUIREMENTS; WHEN IRREVOCABLE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) To be effective, a disclaimer must:
(1) be in writing;
(2) declare the disclaimer;
(3) describe the interest or power disclaimed;
(4) be signed by the person making the disclaimer; and
(5) be delivered or filed in the manner provided by Subchapter C.
(b) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
(c) A disclaimer is irrevocable on the later of the date the disclaimer:
(1) is delivered or filed under Subchapter C; or
(2) takes effect as provided in Sections 240.051-240.056.
(d) A disclaimer made under this chapter is not a transfer, assignment, or release.
(e) A disclaimer of an interest in property made by an individual must contain a statement under penalty of perjury regarding whether the disclaimant is a child support obligor whose disclaimer is barred under Section 240.151(g). An individual's failure to include the statement does not invalidate a disclaimer if the disclaimer is not barred under Section 240.151(g).
Notes and commentary — not statutory text
History
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 11, eff. September 1, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.240.htm
- Text hash
- sha256 49e128d3bcc29bf8376f06fbdc47c76d8de821abd4f8cb32e4d6b7065596bbb7
- 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
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Property Code
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