Legal Question in Family Law in Texas

If I marry a wife she buying a home I take over pay all the house payment more than half the life of

mortgage but my name was never put on the mortgage she die would I have any part in that home

? If not could I get any of my money back?


Asked on 7/29/11, 4:46 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

If she dies without a Will, you will be entitled to a one-half interest in the house and her kids will be entitled to a one-half interest. But it can be more complicated than that and you should consult with a local probate attorney to see what exact rules would apply in your specific case.

As to your claim for reimbursement, I know that under the Family Code, which handles divorces, you would be entitled to a reimbursement claim equal to the amount by which your payments reduced the principal due on the debt. However, she would be entitled to claim an offset against your reimbursement claim based on your use and enjoyment of the house.

In other words, in a divorce you'd probably get nothing back on your payments. Thus, by analogy, in probate, I wouldn't expect you to get any money back.

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Answered on 9/12/11, 5:46 am


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