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.

Asked on 11/19/99, 2:37 pm

Roger Powell Roger T. Powell, Attorney

0 users found helpful

0 attorneys agreed

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.

Answered on 1/30/00, 4:58 pm

Keywords

Match Any Match All

Country

State

Area of Law