Legal Question in Wills and Trusts in Texas
Divorce Property
My mother and father divorced and the house was awarded to her. The note is still in both of their names. In her will she gives her entire estate to me, including the house. My father says that the house will be his when she dies because his name is on the note? Does he have rights to the house, or just financial responsibility?
Asked on 4/21/08, 9:19 pm
1 Answer from Attorneys
Arthur Bashor
Arthur N. (Art) Bashor, Attorney at Law
Re: Divorce Property
Yep, you've got it right.
The house is yours and the fact that he is on the promissory note only relates to his obligation to pay the loan if your mother would have defaulted.
You'll need to settle up the loan in probate and the equity in the house will pass to you.
Answered on 4/21/08, 9:29 pm
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