Texas § 102.004 LIABILITY OF HOMESTEAD FOR DEBTS.

Texas Statutes

§ 102.004 — LIABILITY OF HOMESTEAD FOR DEBTS.

Texas § 102.004

Code ESEstates Code

This text of Texas § 102.004 (LIABILITY OF HOMESTEAD FOR DEBTS.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Estates Code Code Ann. § 102.004 (2026).

Text

Sec. 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

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Sec. 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.

Legislative History

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.