Legal Question in Real Estate Law in Texas

My ex wife and I own a home in texas. Her name is on the deed. We are both on the mortgage. She and her new husband have lived in the house the last two years. She recently passed away. I am wondering if the deed to the house would go to him? Or our two kids? or what happens in this case..

Asked on 8/31/13, 12:42 pm

1 Answer from Attorneys

David Leon David L. Leon, P.C.

This should have been address in the divorce decree and/or her will. If the divorce decree was silent, and she had no will, the new husband would have a life estate in the property, with the remainder going to her children.

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Answered on 8/31/13, 2:16 pm

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