Legal Question in Real Estate Law in Texas
Real Estate Ownership
Me and my now husband purchased a home before getting married, the property is in his name only. I am worried about his ex-wife making claims on our home in event he passes away. They have 1 child together. Does his ex-wife have any right to our home since they have a son and it is in my name. Additionally, we have no will in place.
2 Answers from Attorneys
Re: Real Estate Ownership
Your question is a little jumbled. You need to get your name added to the title and both of you need to prepare wills. Consult with an attorney on the best way to go about this, and you don't have to tell anyone that you're working with an attorney on this.
Re: Real Estate Ownership
If he dies without a will, you will have a "life estate" in the property, for your homestead interest,and a right of reimbursement of anything you contributed through the community. Without a will, all of his separate property and 1/2 of your community property goes to his son. A deed will only protect your undivided 1/2 interest (if that is what you are granted), and the child would inherit his 1/2 if there is no will, but you still have a right to your homestead during your lifetime.
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