Texas § ES.102.004 - LIABILITY OF HOMESTEAD FOR DEBTS

Full text of Texas The Texas Constitution § ES.102.004 — LIABILITY OF HOMESTEAD FOR DEBTS, with citation guidance and answers to common questions.

§ ES.102.004. LIABILITY OF HOMESTEAD FOR DEBTS

LIABILITY OF HOMESTEAD FOR DEBTS. If the decedent was survived by a spouse or minor child, the homestead is not liable for the payment of any of the debts of the estate, other than: (1) purchase money for the homestead; (2) taxes due on the homestead; (3) work and material used in constructing improvements on the homestead if the requirements of Section 50 (a)(5), Article XVI, Texas Constitution, are met; (4) an owelty of partition imposed against the entirety of the property by a court order or written agreement of the parties to the partition, including a debt of one spouse in favor of the other spouse resulting from a division or an award of a family homestead in a divorce proceeding; (5) the refinance of a lien against the homestead, including a federal tax lien resulting from the tax debt of both spouses, if the homestead is a family homestead, or from the tax debt of the decedent; (6) an extension of credit on the homestead if the requirements of Section 50 (a)(6), Article XVI, Texas Constitution, are met; or (7) a reverse mortgage. Added by Acts 2009, 81st Leg., R.S., Ch. 680 , Sec. 1, eff. January 1, 2014. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912 ), Sec. 8, eff. January 1, 2014.

Source: official Texas text · Last verified 2026-08-27

Frequently Asked Questions About Texas § ES.102.004

What does The Texas Constitution § ES.102.004 cover?

Section ES.102.004 ("LIABILITY OF HOMESTEAD FOR DEBTS") 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.102.004?

A common citation format is "The Texas Constitution § ES.102.004" (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.102.004 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.