Texas Estates Code § 102.006. Circumstances Under Which Partition of Homestead Is Authorized

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.

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