Legal Question in Wills and Trusts in Texas

Generally speaking, if a home is acquired during marriage the home is community property and thus half of it belongs to the surviving spouse. If there is no will and childrean are from the one marriage, then the surviving spouse gets the whole house. The only time the percentages you state come into play are when people die, with multiple marriages, children from marriages that precede their last marriage and they die without a will.

Real property that is the homestead of a married couple is certainly subject to probate. In most cases, the house is community property, unless it was purchased prior to marriage or obtained during the marriage by gift or inheritance. Assuming it is community property, at the death of one spouse, that spouse's one-half of the community interest in the home passes either under their Will or by the laws of intestacy. The value of that community interest passes just the same. The fact that the house was/is the marital homestead brings to light several rights and obligations. One of the most significant rights is the right of the surviving spouse to occupy the home for the duration of their life.