Legal Question in Real Estate Law in Texas

Real Property

A man is married and has kids. They own a home. He gets a divorce, keeps the home, gets remarried and has the new wife put on the deed of the home. The man dies and has no will. The current wife wants to sell the home which means part of the proceeds from the sale belong to her deceased husbands' heirs (his children). The heirs do not want to sell the home they want to rent it out. Do they legally have a right to any of the proceeds from the rent if the posession of the home still resides with the current wife?


Asked on 5/10/07, 5:56 pm

1 Answer from Attorneys
Johm Smith tom's

Re: Real Property

It has been a while, but I believe the wife has half the house for herself and the righ to use the other half for life. But use may be conditioned on her residing there and may not include renting it out. This question deals with real property; so it is important enough to get a legal opinion so you don't make big problems for yourself down the road. You can contact us or someone else but don't let anyone convince you to play lawyer with real property on the line.

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Answered on 5/10/07, 9:25 pm


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