A married couple in Texas wants to sell their community property home. Under the Texas Family Code, which of the following is required for a valid conveyance?
Correct Answer
A) Both spouses must join in the conveyance of the community property homestead
Under the Texas Family Code §5.001 and the Texas Constitution Article XVI §50, both spouses must join in a conveyance of the homestead. This joinder requirement applies to the community property homestead regardless of how title is held. Neither spouse acting alone can convey, encumber, or abandon the homestead without the other's joinder.
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More Tx Community Property Homestead Questions
Under the Texas Family Code, which of the following is NOT classified as a spouse's separate property?
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Under the Texas Family Code, which of the following actions does NOT require the joinder of both spouses when dealing with community property?
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- → A Texas homeowner defaults on a personal loan of $50,000. The creditor obtains a judgment and seeks to force the sale of the homeowner's primary residence to satisfy the debt. Under Texas homestead law, can the creditor force the sale?
- → A creditor attempts to place a lien against a Texas family's homestead for an unpaid medical bill of $25,000. Under Texas homestead law, can this lien attach to the homestead?
- → A Texas homeowner converts their homestead into a rental property and moves to another state. After two years, a creditor seeks to foreclose on the former homestead for an unpaid business debt. Under Texas law, can the creditor force the sale?
- → Mark and Lisa are married and live in Texas. During their marriage, Mark purchases an investment property using earnings from his salary. Under the Texas Family Code, how is this property classified?
- → Before her marriage to David, Sarah owned a rental house in Austin. After the wedding, rental income from the property accumulates in a joint bank account. Under the Texas Family Code, how is the rental income classified?
- → Under the Texas Family Code, what is the legal presumption regarding property acquired during a marriage in Texas?
- → After 10 years of marriage, William inherits a lakehouse from his father. William's wife, Karen, assumes the inheritance is community property because they received it during their marriage. Under the Texas Family Code, who is correct?
- → Under the Texas Family Code, what is the legal term for a written agreement between spouses that converts community property into one spouse's separate property?
- → Under the Texas Family Code, what happens to community property when one spouse dies without a will in Texas?
- → A Texas couple gets married. The wife owns a car free and clear that she purchased three years before the wedding. Under the Texas Family Code, what is the classification of this car?
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During their marriage, James receives a $100,000 inheritance from his grandmother. He deposits the inheritance into a separate bank account in only his name. Under the Texas Family Code, how is this inheritance classified?
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Tom and Angela are married in Texas. Tom owned a condo before marriage worth $200,000. During marriage, they use $50,000 of community funds to pay down the mortgage on the condo. In a divorce, how would a Texas court likely treat the condo?