2025 Texas Statutes
Property Code
Title 13 - Disclaimer of Property Interests
Chapter 240 - Texas Uniform Disclaimer of Property Interests Act
Subchapter A. General Provisions
Section 240.009. Power to Disclaim; General Requirements; When Irrevocable
Sec. 240.009. POWER TO DISCLAIM; GENERAL REQUIREMENTS; WHEN IRREVOCABLE. (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).
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.
