Texas § 240.009 POWER TO DISCLAIM; GENERAL REQUIREMENTS; WHEN IRREVOCABLE.

Texas Statutes

§ 240.009 — POWER TO DISCLAIM; GENERAL REQUIREMENTS; WHEN IRREVOCABLE.

Texas § 240.009

Code PRProperty Code

This text of Texas § 240.009 (POWER TO DISCLAIM; GENERAL REQUIREMENTS; WHEN IRREVOCABLE.) 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. Property Code Code Ann. § 240.009 (2026).

Text

Sec. 240.009. POWER TO DISCLAIM; GENERAL REQUIREMENTS; WHEN IRREVOCABLE.

(a)To be effective, a disclaimer must:

(1)be in writing;

(2)declare the disclaimer;

(3)describe the interest or power disclaimed;

(4)be signed by the person making the disclaimer; and

(5)be delivered or filed in the manner provided by Subchapter C.

(b)A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.

(c)A disclaimer is irrevocable on the later of the date the disclaimer:

(1)is delivered or filed under Subchapter C; or

(2)takes effect as provided in Sections 240.051-240.056.

(d)A disclaimer made under this chapter is not a transfer, assignment, or release.

(e)A disclaimer of an interest in

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Sec. 240.009. POWER TO DISCLAIM; GENERAL REQUIREMENTS; WHEN IRREVOCABLE. (a) To be effective, a disclaimer must:
(1) be in writing;
(2) declare the disclaimer;
(3) describe the interest or power disclaimed;
(4) be signed by the person making the disclaimer; and
(5) be delivered or filed in the manner provided by Subchapter C.
(b) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
(c) A disclaimer is irrevocable on the later of the date the disclaimer:
(1) is delivered or filed under Subchapter C; or
(2) takes effect as provided in Sections 240.051-240.056.
(d) A disclaimer made under this chapter is not a transfer, assignment, or release.
(e) A disclaimer of an interest in property made by an individual must contain a statement under penalty of perjury regarding whether the disclaimant is a child support obligor whose disclaimer is barred under Section 240.151 (g). An individual's failure to include the statement does not invalidate a disclaimer if the disclaimer is not barred under Section 240.151 (g).
SUBCHAPTER B. TYPE AND EFFECT OF DISCLAIMER

Legislative History

Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428 ), Sec. 15, eff. September 1, 2015. Amended by: Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286 ), Sec. 11, eff. September 1, 2021.