If my husband passed away, will the home that he bought before we were married become mine?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my husband passed away, will the home that he bought before we were married become mine?

Asked on November 14, 2010 under Estate Planning, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In TX, separate property is treated differently than real property.  Real estate of the decedent (not co-owned by the surviving spouse), passes directly to his or her children, with the surviving spouse being granted a "life-estate" in the property (i. e. they can live in the property until their death).  Non-real estate assets are divided 2/3 to the children and 1/3 to the surviving spouse. If the decedent had no children, the spouse gets 1/2 of the separate property, and the other half is divided among the decedent’s surviving parents, and possibly siblings.

Note:  Their are separate laws concerning the distribution of community property.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption