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Here’s the situation:

Mother is buying a home in Texas for Son. Mother and Son will be tenants in common on the deed. Son will reside in the home and mother will not. Son registers the home as his urban homestead. If mother is successfully sued, can the judgment lien holder force a partition by sale of the homestead?

Any helpful cites would be greatly appreciated.

2 Thoughts on In Texas, can a co-owner’s judgment creditor force a partition by sale if other co-owner has homestead status?
  1. Reply
    August 26, 2011 at 9:13 am

    My underwriting manual only states that there is no judgement protection for tenants by the entirety; so I would believe there is no protection for tennants in common either.

    Yes, I believe they could force a sale.

    Code is here:

  2. Reply
    August 26, 2011 at 9:33 am

    As tennants in comman they both own the 50% of the property. You really need a realstate attorny on this one. She can be sued for her part of ownership and the son will still own 50% of the property. The question here should be Is there anyway the son can suffer lose on this action. The answer is no, his portion can’t be touched, and he looses nothing. /as far as being put out of the property the answer is no. Nothing is suppose to change except for the fact ownership by the mother has changed ownership. Tennants by the entirety is for married people and is not the same co-ownership as “in comman”. In comman is the same as two strangers being ownership together, such as property bought to be sold later at a profit and the profit be split according to percentage of ownership. The son could be 90% owner or he could be as low as 1% owner. The key to this question lies in the phrase of tennents acording. Pay very close attention to this because this is the only discription of ownership you will find and it all falls back to this phrase. Just because tennants by one dosn’t decribe tennant by another. E-mail me and I’ll give a discription of them all.

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