Legal Question in Real Estate Law in Texas

What happens to ex husbands share of house if he should die?

In our divorce papers, my ex husband remains half owner of our home. I occupy the home. He would get half the money in the event that I sold the house. What happens with his share of the house if he should die and has no will in place?


Asked on 10/12/07, 1:48 am

1 Answer from Attorneys

Kathryn Perales PMI Oil Tools

Re: What happens to ex husbands share of house if he should die?

Half of the home will be in your ex-husband's estate, and will go to his heirs.

If he has no will, then his heirs at law are prescribed by the Texas Probate Code. It depends on his family and marital status. If he has remarried, it could be complicated. If not, then generally his estate goes to his children, or if no children, to his grandchildren, or if no descendants, to his parents, or if no parents, to his siblings...

But as his ex-wife, you inherit nothing from him under any circumstances unless he has written a new will after the divorce and left you something in the will.

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Answered on 10/12/07, 12:16 pm


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