Melissa L. Laster, Petitioner v. First Huntsville Properties Company, Respondent

Summary

The Texas Supreme Court held that a future interest in homestead property may be validly mortgaged and that the ex‑spouse's homestead right protects only her owned share, allowing partition of the residence. The Court affirmed the Court of Appeals and remanded for a determination of the parties' rights. Justice Gammage dissented, arguing that the mortgage was void because the homestead right extended to the entire property.