In Texas if you inherit real estate is your spouse legally entitled to half?

Asked on May 27, 2009 under Estate Planning, Texas


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Not ordinarily.  I'm not a Texas attorney, and I don't know your full situation well enough, but in Texas, and most states, inherited real estate is not subject to direct marital claims, if it is not put in both spouses' names.

For advice you can rely on, and a full understanding of your rights, you need to provide an attorney in your area with all the unique facts of your case.  One place to find qualified lawyers is our website,

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