Legal Question in Wills and Trusts in Texas
community property willed to child
Who owes a home that was purchased during the marriage when one spouse dies and has will his half to a child? DOes the surviving spouse owne 1/2 the house and the child the other half? Can the surving spouse sell the house or does she need the child to agree to selling the house? The house is located in Midland, Texas
Asked on 8/22/06, 4:42 pm
1 Answer from Attorneys
James Grissom
Law Office of James P. Grissom
Re: community property willed to child
Community property is an asset that can be willed to another individual- in this case the child. That person owns an undivided, 1/2 interest in the property and must sign off on any deed to sell the property and receive 1/2 of the proceeds of the sale.
Answered on 8/22/06, 4:49 pm