Texas Codes

Tex. Fam. Code § 157.320 (2026)

Priority Of Lien As To Real Property

✓ current as of May 2026
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Sec. 157.320. PRIORITY OF LIEN AS TO REAL PROPERTY. (a) A lien created under this subchapter does not have priority over a lien or conveyance of an interest in the nonexempt real property recorded before the child support lien notice is recorded in the county where the real property is located.

(b) A lien created under this subchapter has priority over any lien or conveyance of an interest in the nonexempt real property recorded after the child support lien notice is recorded in the county clerk's office in the county where the property of the obligor is located.

(c) A conveyance of real property by the obligor after a lien notice has been recorded in the county where the real property is located is subject to the lien and may not impair the enforceability of the lien against the real property.

(d) A lien created under this subchapter is subordinate to a vendor's lien retained in a conveyance to the obligor.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 27, eff. Sept. 1, 1997.

Notes of Decisions
Cited in 1 case, 1998–1998 · leading case: Schumann v. Breedlove & Bensey, 983 S.W.2d 333 (Tex. App. 1998).
Schumann v. Breedlove & Bensey, 983 S.W.2d 333 (Tex. App. 1998). · cites it 2× “conveyance of an interest in the nonexempt real property recorded before the child support lien notice is recorded-” Tex. Fam.Code Ann. § 157.320(a) (Vernon 1997) (emphasis added).”
— Tex. Fam. Code § 157.320(a) — 1 case
Schumann v. Breedlove & Bensey, 983 S.W.2d 333 (Tex. App. 1998). “conveyance of an interest in the nonexempt real property recorded before the child support lien notice is recorded-” Tex. Fam.Code Ann. § 157.320(a) (Vernon 1997) (emphasis added).”
— Tex. Fam. Code § 157.320(b) — 1 case
Schumann v. Breedlove & Bensey, 983 S.W.2d 333 (Tex. App. 1998). “conveyance of an interest in the nonexempt real property recorded before the child support lien notice is recorded-” Tex. Fam.Code Ann. § 157.320(a) (Vernon 1997) (emphasis added).”
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