Legal Question in Wills and Trusts in Texas
Is is posible to get the title of our home in my name only if my deceased husban
The house is in both our names. We have 1 child together. He had 2 children prior to our marriage. He died without a will. I am afraid that if something happens to me, one of the children's mother will force a sale of the house so that she can get 1/3 of it's value, leaving my child homeless.
2 Answers from Attorneys
Re: Is is posible to get the title of our home in my name only if my deceased hu
The surviving spouse (you) inherits a life estate in the homestead in addition to your fee simple share. The mothers cannot force you out. They will get the share of the house for their children at your death or if you buy them out sooner. If you want to do that, call an attorney. You do have an obligation to continue to make your payments otherwise the house will be foreclosed on.
Re: Is is posible to get the title of our home in my name only if my deceased hu
Her children have an interest in your deceased husband's estate. You may be able to buy them out, in which case the remainder would be all yours for your child.
So long as you are alive they cannot force the sale of your life estate in the home. When you die, if they've not been bought out, they can move to have the property partitioned (sold, with the proceeds divided between the parties).
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