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2025 Texas Statutes
Estates Code
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle C - Passage of Title and Distribution of Decedents' Property in General
Chapter 102 - Probate Assets: Decedent's Homestead
Section 102.005. Prohibitions on Partition of Homestead
Universal Citation:
TX Est Code § 102.005 (2025)
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Sec. 102.005. PROHIBITIONS ON PARTITION OF HOMESTEAD. 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
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