Legal Question in Family Law in Texas

In the state of Texas if a person with land/property which has already been left to the children of a previous marriage were to remarry and then get a divorce would that person get half?


Asked on 3/10/10, 4:24 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

I'm assuming that the landowner has made a will.

If he doesn't change the will, then it stands, regardless of whom he's married to. I don't instantly become entitled to half of my wife's property just because I married her last week. Texas has the concept of separate property and community property.

But consider this: the will means nothing as long as the person is alive. In a divorce, the property may somehow be awarded, divided, sold, or otherwise disposed of.

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Answered on 3/16/10, 1:59 pm


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