Texas Family Code - FAM § 5.002. Sale of Separate Homestead After Spouse Judicially Declared Incapacitated
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If the homestead is the separate property of a spouse and the other spouse has been judicially declared incapacitated by a court exercising original jurisdiction over guardianship and other matters under Title 3, Estates Code, the owner may sell, convey, or encumber the homestead without the joinder of the other spouse.
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