Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE B. PROPERTY RIGHTS AND LIABILITIES · CHAPTER 5. HOMESTEAD RIGHTS
Texas Codes

Tex. Fam. Code § 5.001 (2026)

Sale, Conveyance, Or Encumbrance Of Homestead

✓ current as of May 2026
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Sec. 5.001. SALE, CONVEYANCE, OR ENCUMBRANCE OF HOMESTEAD. Whether the homestead is the separate property of either spouse or community property, neither spouse may sell, convey, or encumber the homestead without the joinder of the other spouse except as provided in this chapter or by other rules of law.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Notes of Decisions
Cited in 28 cases (7 in the last 5 years), 2000–2025 · leading case: Cadle Co. v. Ortiz, 227 S.W.3d 831 (Tex. App. 2007).
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Cadle Co. v. Ortiz, 227 S.W.3d 831 (Tex. App. 2007). · cites it 3× “TEX. FAM.CODE ANN. § 5.001 (Vernon 2006).”
Wilcox v. Marriott, 103 S.W.3d 469 (Tex. App. 2003). · cites it 2× “Pursuant to this provision, the legislature enacted Texas Family Code section 5.001, which provides that a spouse may not "sell, convey or encumber [a] homestead without the joinder of the other spouse” even if the homestead is the separate property of either spouse.”
Geldard v. Watson, 214 S.W.3d 202 (Tex. App. 2007). · cites it 2× “See Tex. Fam.Code Ann. § 5.001 (Vernon 2006).”
Williams v. Massa, 728 N.E.2d 932 (Mass. 2000). “1, § 21 (1983); Tex. Fam. Code Ann. § 5.001 (West 1998). Some common-law jurisdictions also by statute separate inherited or gifted assets from the divisible marital estate.”
Denmon v. Atlas Leasing, L.L.C., 285 S.W.3d 591 (Tex. App. 2009). “; see also Tex. Fam. Code Ann. § 5.001 (Vernon 2006).”
Guillermo Rivera v. Maria E. Hernandez, 441 S.W.3d 413 (Tex. App. 2014). “Tex.Fam. Code Ann. § 5.001 (West 2006). Possession of a homestead interest is not dependent upon ownership; a person is permitted to hold homestead rights in his or her spouse’s separate property.”
Theresa Washington-Jarmon v. OneWest Bank, FSB, 513 S.W.3d 103 (Tex. App. 2016). “” Tex. Fam. Code Ann. § 5.001 (West 2006). And, the Texas Constitution defines “Reverse mortgage” as “an extension of credit” that, among other features, “is secured by a voluntary lien on homestead property created by a written agreement with the consent of each owner and each…”
Odes Ho Kim v. Dome Ent. Ctr., Inc., 748 F.3d 647 (5th Cir. 2014). “004 (“a homestead cannot be abandoned without the consent of the claimant’s spouse”); Tex. Fam.Code Ann. § 5.001 (West 2006) ("Whether the homestead is the separate property of either spouse or community property, neither spouse may sell, convey, or encumber the homestead…”
United States v. Orr, 336 F. Supp. 3d 732 (W.D. Tex. 2018). “TEX. FAM. CODE § 5.001. Thus, even if the Hays Property sold as part of the § 1031 exchange was Mrs.”
Regina Nachael Howell Foster v. Ocwen Loan Servicing, LLC & Deutsche Bank Nat'l Trust Co., as Tr. for Morgan Stanley ABS Capital 1 Inc. Trust 2005-HE1, Mortg. Pass-Through Certificates, Series 2005-HE 1 (Tex. App. 2021). · cites it 2× “002(d) “require[s] that notice of default, with opportunity to cure, be sent to each party under a deed of trust prior to a nonjudicial foreclosure” (issue one); when “the evidence on file with the court shows that notice of default, with opportunity to cure, was not sent to all…”
In the Matter of the Marriage of Chad Schaefer & Amber Lynn Schaefer v. the State of Texas (Tex. App. 2023). · cites it 2× “Amber was listed as a grantor on the general warranty deed; however, Chad argues this was required by Texas Family Code § 5.001. See TEX. FAM. CODE ANN.”
Shannon Smith v. Jamie Lee Bourcy (Tex. App. 2023). · cites it 2× “Texas Family Code Section 5.001 requires the signature of both spouses in order to convey the homestead except under unusual circumstances.”
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