Legal Question in Family Law in Texas
I live in Houston, Texas. My husband and I have been separated since 1998 and I am not planning on reconcileing with him ever. However in 2004 I began purchasing a home. I would like to know if he will be the beneficiary of this property or will my children be the beneficiaries of my estate in the event of my passing away. We have not lived together since 1998 after he began living with another partner.
I am very concerned about this and would like some feedback on Texas devorce law concerning this matter.
Please help!
W. Edwards
1 Answer from Attorneys
You should make a will NOW, and then you won't have to worry about intestate succession.
Remember that in a will, you can give away only what's yours; I can't will the Brooklyn Bridge to my daughter. Your will could leave 100% of your property to your children, in equal shares, and when you die they would receive your share of the equity in the home.
Unfortunately, since you are married, there is a presumption that any property you acquire is community property.
After you make the will, you should file for divorce.
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