Texas Estates Code 102.005 – Prohibitions On Partition of Homestead
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Terms Used In Texas Estates Code 102.005
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Decedent: A deceased person.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor: means a person younger than 18 years of age who:
(1) has never been married; and
(2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022 - Property: means real and personal property. See Texas Government Code 311.005
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.