Legal Question in Family Law in Texas
My wife passed away after we finalized the divorce. We have bought a house under my name. I gave up the house to her on the divorce decree but she never transferred the house to her name. Is the house still legally under my name or can her parents claim inheritance on it.
1 Answer from Attorneys
The final decree of divorce, if it was drafted properly, operates as a muniment of title as to the house. That means that when the decree was signed by the judge, that was enough to transfer ownership to your wife. The fact that a deed or the decree was never filed with the county clerk's land records does not change that situation.
For those reasons, the property was hers and it will go wherever her Will directs it to go, or, if there is no Will, then according to the rules of intestate succession in Texas.
Either way, the house is not yours unless she left it to you in her Will.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
