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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Estates Code § 102.004: LIABILITY OF HOMESTEAD FOR DEBTS.

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Where this section sits in the code
  1. ESTATES CODE
  2. TITLE 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY
  3. SUBTITLE C. PASSAGE OF TITLE AND DISTRIBUTION OF DECEDENTS' PROPERTY IN GENERAL
  4. CHAPTER 102. PROBATE ASSETS: DECEDENT'S HOMESTEAD

If the decedent was survived by a spouse or minor child, the homestead is not liable for the payment of any of the debts of the estate, other than:

(1) purchase money for the homestead;

(2) taxes due on the homestead;

(3) work and material used in constructing improvements on the homestead if the requirements of Section 50(a)(5), Article XVI, Texas Constitution, are met;

(4) an owelty of partition imposed against the entirety of the property by a court order or written agreement of the parties to the partition, including a debt of one spouse in favor of the other spouse resulting from a division or an award of a family homestead in a divorce proceeding;

(5) the refinance of a lien against the homestead, including a federal tax lien resulting from the tax debt of both spouses, if the homestead is a family homestead, or from the tax debt of the decedent;

(6) an extension of credit on the homestead if the requirements of Section 50(a)(6), Article XVI, Texas Constitution, are met; or

(7) a reverse mortgage.

Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 8, eff. January 1, 2014.

Collected 2026-08-27T01:47:08Z. Source file · JSON

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