Texas § CN.52 - DESCENT AND DISTRIBUTION OF HOMESTEAD
Full text of Texas The Texas Constitution § CN.52 — DESCENT AND DISTRIBUTION OF HOMESTEAD, with citation guidance and answers to common questions.
§ CN.52. DESCENT AND DISTRIBUTION OF HOMESTEAD
DESCENT AND DISTRIBUTION OF HOMESTEAD; RESTRICTIONS ON PARTITION. On the death of the husband or wife, or both, the homestead shall descend and vest in like manner as other real property of the deceased, and shall be governed by the same laws of descent and distribution, but it shall not be partitioned among the heirs of the deceased during the lifetime of the surviving husband or wife, or so long as the surviver† may elect to use or occupy the same as a homestead, or so long as the guardian of the minor children of the deceased may be permitted, under the order of the proper court having the jurisdiction, to use and occupy the same. (Feb. 15, 1876.) † The language of this provision is identical to the language of the official legislative measure that originally proposed the provision. A digital image of the original text of the official enrolled measure can be found here . Sec. 53. (Repealed Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 53: See Appendix, Note 1.) Sec. 54. (Repealed Aug. 5, 1969.) Sec. 55. (Repealed Aug. 5, 1969.) Sec. 56. (Repealed Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 56: See Appendix, Note 3.) Sec. 57. (Repealed Aug. 5, 1969.) Sec. 58. (Repealed Aug. 5, 1969.)
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § CN.52
What does The Texas Constitution § CN.52 cover?
Section CN.52 ("DESCENT AND DISTRIBUTION OF HOMESTEAD") 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 § CN.52?
A common citation format is "The Texas Constitution § CN.52" (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 § CN.52 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.