Texas Estates Code 102.006 – Circumstances Under Which Partition of Homestead Is Authorized
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Terms Used In Texas Estates Code 102.006
- 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 - 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 be partitioned among the respective owners of the property in the same manner as other property held in common if:
(1) the surviving spouse dies, sells his or her interest in the homestead, or elects to no longer use or occupy the property as a homestead; or
(2) the court no longer permits the guardian of the minor children to use and occupy the property as a homestead.