Tex. Family Code § 5.102
This is the official text of Tex. Family Code § 5.102, part of Texas’s Family Code — governs marriage, divorce, child custody and support, and adoption.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 5.102. SALE OF COMMUNITY HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES.
Official statutory text
If the homestead is the community property of the spouses, one spouse may file a sworn petition that gives a description of the property, states the facts that make it desirable for the petitioning spouse to sell, convey, or encumber the homestead without the joinder of the other spouse, and alleges that the other spouse:
(1) has disappeared and that the location of the spouse remains unknown to the petitioning spouse;
(2) has permanently abandoned the homestead and the petitioning spouse;
(3) has permanently abandoned the homestead and the spouses are permanently separated; or
(4) has been reported by an executive department of the United States to be a prisoner of war or missing on public service of the United States.
(1) has disappeared and that the location of the spouse remains unknown to the petitioning spouse;
(2) has permanently abandoned the homestead and the petitioning spouse;
(3) has permanently abandoned the homestead and the spouses are permanently separated; or
(4) has been reported by an executive department of the United States to be a prisoner of war or missing on public service of the United States.
Status: in_force · Read it on the official government site
Dealing with a family matter in Texas?
See all Texas Family lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.