Legal Question in Wills and Trusts in Texas
How do I get property in my name after death of co-owner?
My ex-wife was killed in a car accident and we are co-owners of our house which I am living in at present. Per the Divorce Decree, I was to sell the house by the year 2000 or I had the option to give her half equity of what we had invested in the house. As I see it this is now our kids money to help with the funeral expenses etc. But how do I get a loan on the house or sell it without her signature. Can the kids transfer the house to me so I can get a loan or sell the house and get the money to them as my ex-wife had no insurance.
1 Answer from Attorneys
Re: How do I get property in my name after death of co-owner?
You and your ex-wife are probably "tenants in common"
in the home in which you live. At her death her
part of the ownership would have passed to her heirs,
most like her children. You will have to show that
your wife died and who her heirs are. Most likely
you can do this by an affidavit of heirship. Any
attorney can prepare one for you for filing in the
county records. After that, your children can
probably sign a deed over to you provided they are
adults.