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?
1 Answer from Attorneys
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.
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