Glenn Karisch’s Texas Probate Resources

Welcome to the Texas Probate Resources website, your source for information on estate planning, probate, and trust law in Texas. This site is owned and maintained by Glenn Karisch of Karisch Jonas Law, PLLC, in Austin, Texas.  For information dating from before February 1, 2011, visit the legacy site at texasprobate.net.

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Decedents' Estates, Enacted Glenn Karisch Decedents' Estates, Enacted Glenn Karisch

Enacted-Effective 9/1/11: SB 1368 -- Authority of co-owner to encumber homestead property without consent of other co-owners

Caption: Relating to the authority of a co-owner of residential property to encumber the property.
Author: West
Bill History
Bill Text

Relevance:  This bill allows a co-owner of residential property claimed as the co-owner's homestead to place a lien on the property in certain circumstances.  The debt secured by the lien would be solely the obligation of the co-owner, but other co-owners could not repudiate or disaffirm the lien. This bill is intended to permit a co-owner who has paid all of the taxes on a property to create a lien to improve or preserve that property without the consent of other co-owners. This could come in handy in the case of property passing by intestacy to multiple heirs where only one heir occupies the property. 

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