Texas Homestead Declaration following Decree of Legal Separation or Divorce

State:
Multi-State
Control #:
US-02099BG
Format:
Word; 
Rich Text
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Description

Ordinarily, the declaration must show that the claimant is the head of a family. In general, the claimant's right to select a homestead and to exempt it from forced sale must appear on the face of the declaration, and its omission cannot be supplied by extraneous evidence. Under some statutes, a declaration of homestead may be made by the owner or by his or her spouse.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

How to fill out Homestead Declaration Following Decree Of Legal Separation Or Divorce?

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FAQ

You cannot get a legal separation instead of a divorce in Texas. Texas law does not recognize legal separations.

In Texas, the only process available for separating from a spouse is divorce. The only real difference between a legal separation and a divorce is that a divorce terminates the marital relationship. A couple who enters into a legal separation agreement is not terminating their marriage relationship.

Many people assume that the date of separation has legal significance. In Texas, separated spouses are still legally married, regardless of how long they have been separated. There is no special legal status associated with being separated in Texas.

Texas does not have legal separation nor requires spouses to separate before filing for divorce. However, state law has domicile and residency prerequisites for spouses pursuing a Texas divorce. The spouse who files for divorce is the petitioner, and the other spouse is the respondent.

Filing the petition One of the parties must first file a petition with the court called the ?Original Petition for Divorce? (along with paying the requisite court fee). This petition essentially starts the divorce process.

App. 1924). A married couple can only have one homestead at a time; spouses cannot claim separate properties as their individual homesteads. The Texas Constitution requires both spouses sign the security instrument in order to perfect a lien against property that constitutes the family homestead.

Texas does not have legal separation nor requires spouses to separate before filing for divorce. However, state law has domicile and residency prerequisites for spouses pursuing a Texas divorce. The spouse who files for divorce is the petitioner, and the other spouse is the respondent.

Moving out before a divorce in Texas is a personal decision that should be carefully considered. It may have implications on child custody, property division, and other aspects of the divorce process. Consulting with a family law attorney can help you understand the potential consequences and make an informed choice.

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Texas Homestead Declaration following Decree of Legal Separation or Divorce