Legal Question in Wills and Trusts in Texas

State of Texas

who gets the home when a husband and wife purchase a house together. The husband and wife's name only are on the deed. The huband dies. The husband has 2 children prior to their marriage and there is one child between the married couple. who gets the home?

Asked on 6/16/12, 9:07 pm

1 Answer from Attorneys

David Leon David L. Leon, P.C.

Assuming there is no will, then the wife would have her community share (1/2) and all children would have the other 1/2 (1/6 for each child.) The wife would have the right to live there for the rest of her life.

If there is a will, the will would control who gets the deceased husband's 1/2.

Dave

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Answered on 6/16/12, 9:11 pm


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