Legal Question in Real Estate Law in Texas

An accurate answer depends on facts that you do not provide. The existence of children, particularly those from outside the marriage, for example, can alter the result significantly. It is equally important to know when the home was purchased relative to the marriage. This will determine whether the home is considered separate or community property. When one spouse dies without a Will, their separate property and one-half of the community property passes under the laws of intestacy. If you could provide a bit more information regarding the additional facts above, applying the law to the facts is relatively simple.