Law Office of Roland R. Esparza, P.C. - San Antonio Personal Injury Attorney

Call Toll Free888.447.9456

Local Calls210.807.8158

Hablamos Español

Make Payment Lawpay

Call Toll Free 888.447.9456
Local Calls 210.807.8158

Hablamos Español

Make Payment Lawpay

Our first priority is our client’s health and safety. Due to COVID-19 our office is taking precautions to keep our clients and their families safe. We have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation or video conference (FaceTime or Zoom) is appropriate for you. Thank you.

Dealing with the marital homestead

One of the first major purchases that newly married couples in San Antonio make together is a home. Sharing a residence together, however, is not always the secret ingredient to marital bliss. In fact, the Texas Department of State Health Services report that as recently as 2012, over 80,000 divorces were reported to the Texas Vital Statistics Unit. For many of those separating couples, one of the biggest issues they must deal with is what to do with their marital homestead.

The Texas Family Code states that regardless of whether a homestead is considered to be separate or community property, one spouse cannot sell or otherwise dispose of it without the permission of the other. There are, however, certain exceptions to this rule. For example, if one spouse has been declared to be legally incapacitated by the court, the other may seek to sell the marital home without his or her consent. This exception applies regardless of the homestead’s property distinction.

Even in the event that his or her spouse is still fully capable, one wanting to sell the homestead can still seek permission to do so without needing the other’s consent. He or she must file a petition with the court highlighting the reasons to sell the home as well as citing the fact that the other:

  •          Has disappeared and his or her whereabouts are unknown
  •          Has permanently abandoned the home
  •          Has been classified as a prisoner of war by the Executive Department or missing while on public service of the United States

The petition seeking permission to sell the homestead cannot be filed any earlier than 60 days from the date the abandoning spouse has gone missing or six months from the time he or she was declared a prisoner of war. 

Contact Form

  Email Us For A Response

Office Location

Law Office of Roland R. Esparza, P.C.
325 S Flores St.,
San Antonio, TX 78204

Toll Free: 888-447-9456
Phone: 210-807-8158
Fax: 210-227-5353
San Antonio Law Office Map

Review Us
FindLaw Network

Archives