Legal Question in Wills and Trusts in Texas
Sale or rental of house belonging to intestate spouse
My wife died without a will last year. She had no assets other than a house which she got deeded from a previous marriage . She was very sick and could not work and lost custody of her 3 children. The house was in foreclosure when we got together. I paid the arrearage, paid for improvements, made all mortgage payments to date and am still living there. We had been together as a common law marriage for 4 years and then went before a judge the year before she died. When we got together, she regained her children and I supported them without any support from her or their father. The children are now back with their father or old enough to be on their own. If the house were to be sold, what portion of the proceeds would be mine? Who determines what would be an acceptable sales--name removed-- Could I vacate and rent the property?
1 Answer from Attorneys
Re: Sale or rental of house belonging to intestate spouse
Since your wife died without a will, and had children not of your marriage, you have a 1/3 life estate in the property. You can vacate and rent the property if you so desire, since a life estate entitles you to rents and other proceeds. You are also responsible for the taxes and insurance.
If you chose to sell the property, you would have an equitable interest in a portion of the money you paid for the arrearage, mortgage, and improvements, since you paid one half of that with your community property money. You would be entitled to half of what you paid, less equitable offsets.
The children would have to agree to sell the property as well since all you have to sell is your 1/3 life estate.
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