Texas § ES.1158.705 - PARTITION WITHOUT COURT APPROVAL
Full text of Texas The Texas Constitution § ES.1158.705 — PARTITION WITHOUT COURT APPROVAL, with citation guidance and answers to common questions.
§ ES.1158.705. PARTITION WITHOUT COURT APPROVAL
PARTITION WITHOUT COURT APPROVAL; RATIFICATION OF PARTITION AGREEMENT. (a) If a guardian, without court approval as provided by this subchapter, executes or intends to execute an agreement to partition any real estate in which the ward has an interest, the guardian shall file with the court in which the guardianship proceedings are pending an application for the approval and ratification of the partition agreement. (b) The application must: (1) refer to the agreement in a manner in which the court can fully understand the nature of the partition and the real estate being divided; and (2) state that, in the opinion of the guardian, the agreement is fair and just to the ward's estate and is in the best interests of the estate. (c) On the filing of an application under Subsection (a), the court shall hold a hearing on the application as provided by Section 1158.703 . The court shall enter an order ratifying and approving the partition agreement if the court is of the opinion that the partition is: (1) fairly made; and (2) in the best interests of the ward's estate. (d) On ratification and approval, the partition is effective and binding as if originally executed after a court order. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § ES.1158.705
What does The Texas Constitution § ES.1158.705 cover?
Section ES.1158.705 ("PARTITION WITHOUT COURT APPROVAL") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § ES.1158.705?
A common citation format is "The Texas Constitution § ES.1158.705" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § ES.1158.705 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.