Legal Question in Family Law in Texas
Homestead Question
My husband purchased and financed 97 acres of farm land in 1974 prior to our marriage in 1988. I have a copy of the ''warranty deed'' in my husbands name only. We built our home on this acreage in 1995. I personally paid for the home with my earnings in 7 years. I have a ''deedof trust'' with the financing bank, for the new home, as payee, in both our names. I also have a ''release of lien'' from the bank when I paid off the note, dated October 2002, which is also in both our names. I do have a new ''warranty deed'' on my home and acreage. I have discovered that my husband has not changed his will since our marriage in 1988. His 1980 will leaves his estate to his two grown children from a previous marriage. In the event of his death or divorce, what are my rights as his spouse to my home and the acreage?
A reply would be greatly appreciated.
2 Answers from Attorneys
Re: Homestead Question
You would have a life estate, i.e. the right to live there and receive the revenues without interference for the rest of your life
Re: Homestead Question
I agree with Mr. Grissom.
Additionally, it appears from your question that the land itself was separate property, but the permanent improvements are community property. Therefore, he can only will his property, which is the land (maybe -- as it may have lost its separate nature) and his half of the community property. Half of the improvements belong to you by law, and cannot pass by inheritance.
If he does not make adjustments to his will prior to his death, then the nature of the property will be decided at probate.
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