Legal Question in Family Law in Texas

Husband wants deed of home in his name.

My husband and I are going to purchase a home, we have been married 14 years and have 4 children. We are buying the home through his sisters name and credit. My question is if my husband passes away can they take away the house from me and my children if we have no will, my husband believes that we don't need one. Tell me what can happen legally. Thanks.

Asked on 4/12/05, 10:10 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator
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Re: Husband wants deed of home in his name.

I'm not sure I understand your question.

If a piece of property is owned legally by Joe Shoe then Joe Shoe owns the property.

If the house is not in your name, then it is not your house. I would assume that the courts would consider you a renter.

You need to talk to an attorney that specializes in real estate law.

If your husband dies without a will, then probate is expensive.

Texas law allows a person to write a will and to name a person to serve as Independent Executor without posting a bond.

The State of Texas has decided that if you chose not to prepare a will with your wishes clearly written out then the State of Texas will determine who inherits your property.

I have a will and I urge all adults to have a will.

Best of luck,

Fran Brochstein


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Answered on 4/12/05, 4:35 pm

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