Legal Question in Real Estate Law in Texas

Because Texas is a community property state you both have ownership of the property subject to the existing mortgage lien. If your wife passes away you still own your one-half of the property subject to the mortage lien and the other half goes into her estate. If your wife executes a Last Will and Testament that leaves you her half ownership of the house at her death then you will own it 100% subject to the mortgage lien. If your wife passes away without a Last Will and Testament then her one-half ownership would be distributed according to the intestacy laws of the State of Texas. No matter what, the mortgage is always attached to the property even if she dies, until it is paid in full or otherwise released by the lender.