Texas Statutes (Last Updated: January 4, 2014) |
PROBATE CODE |
Chapter VIII. PROCEEDINGS DURING ADMINISTRATION |
Part 3. SETTING APART HOMESTEAD AND OTHER EXEMPT PROPERTY, AND FIXING THE FAMILY ALLOWANCE |
Sec. 277. PREFERENCE OF LIENS
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If property upon which there is a valid subsisting lien or encumbrance shall be set apart to the surviving spouse or children as exempt property, or appropriated to make up allowances made in lieu of exempt property or for the support of the surviving spouse or children, the debts secured by such lien shall, if necessity requires, be either paid or continued as against such property. This provision applies to all estates, whether solvent or insolvent.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1979, 66th Leg., p. 36, ch. 24, Sec. 8, eff. Aug. 27, 1979.