Q & A | Sale, Conveyance, or Encumbrance of Homestead

Q: Why does the title company require joinder of both spouses on a conveyance or mortgage of a homestead property when it is the separate property of just one spouse, because it was purchased prior to marriage or there is a prenup agreement?

A: Section 5.001 of the Texas Family Code, captioned SALE, CONVEYANCE, OR ENCUMBRANCE OF HOMESTEAD, provides that whether the homestead is the separate property of either spouse or community property, neither spouse may sell, convey, or encumber the homestead without the joinder of the other spouse except as provided in this chapter or by other rules of law.