Texas, known for its vast landscapes and proud homeowners, has specific provisions when it comes to the rights associated with a family’s primary residence or ‘homestead’. Within the Texas Family Code, Chapter 5 is dedicated to these Homestead Rights.
The Marriage Relationship and Property Rights
For married couples, the connection between property rights and the marital relationship is paramount. The state recognizes that a home is not just a building but a place of memories, safety, and security. As such, special rules apply when it comes to dealing with the family home, especially if one spouse wishes to sell, convey, or encumber it.
Sale, Conveyance, or Encumbrance of Homestead
Whether the homestead is the separate property of either spouse or community property, neither spouse may unilaterally decide its fate. Both parties must be in agreement. Specifically, neither spouse can sell, convey, or encumber the homestead without the other’s involvement, except as detailed in Chapter 5 or other applicable legal rules.
Incapacitated Spouse and Homestead Rights
Situations can arise where one spouse is judicially declared incapacitated. If the homestead is the separate property of one spouse and the other is declared incapacitated by a competent court, there are specific rules and guidelines to be followed.
In Need of Legal Guidance?
Navigating the intricacies of homestead rights in Texas can be challenging. Protecting your rights and understanding the responsibilities attached to your family home is crucial. If you or someone you know is facing issues related to homestead rights or any other family law matters, The Blacknall Firm is here to help.