Escrow & Title
In Texas, a 'marital lien' or 'homestead protection' can affect a real estate transaction when:
AOnly when the owner is elderly
BA married person attempts to sell, mortgage, or otherwise encumber their homestead without their spouse's joinder✓ Correct
CA divorced person sells their former marital home
DA minor is listed as an owner of the property
Explanation
Under Texas Family Code and the Texas Constitution, both spouses must join in the conveyance, encumbrance, or abandonment of the homestead, regardless of who holds title. A deed or mortgage executed without the non-title spouse's joinder on homestead property is void. Title companies require both spouses to sign closing documents.
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