Tex. Est. Code Section 102.004
Liability of Homestead for Debts

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.

Source: Section 102.004 — Liability of Homestead for Debts, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­102.­htm#102.­004 (accessed May 18, 2024).

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Accessed:
May 18, 2024

§ 102.004’s source at texas​.gov