Legal Question in Family Law in Texas

If my husband passes away do I have any right to our home. We have been together for 20 years. If we're to.divorce could i get the home. He bought the house for me as a birthday present but the house is in his name.


Asked on 10/15/14, 9:00 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Yes,

If it was purchased during the marriage there is a presumption that the house is community property and therefore 1/2 yours. If your have no children or all of the children in your marriage are with him, if he dies without a will, you get his half under Texas intestacy laws.

Even if there is a will or he has additional children that are not yours, if you are living in the house with him when he passes, you have the right to live there until you die or abandon the house. This is called a probate homestead.

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Answered on 10/15/14, 10:21 am


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