Legal Question in Wills and Trusts in Texas

Re: Wife died in 1992 with 2 kids and a husband. Who owns the house?

The reality of the situation is that the children have an interest in the home. Such interest may be minimal compared to father's interest, but it still exists. An affidavit of heriship may be helpful in the process of cleaning up title to the house, though, what will likely be needed in addition to such affidavit would be deeds (probably quitclaim) by the children to dad. You will need to sit down with an attorney and have the appropraite documents drawn up before even more time passes and the situation gets any more mired.

Re: Wife died in 1992 with 2 kids and a husband. Who owns the house?

The husband owns an undivided 1/2, and the children own their mother's undivided 1/2 (an undivided 1/4 each). It's the husband's homestead and so he cannot be ousted from the property.

An affidavit of heirship will remove the wife's name from the property, and place it all in the names of the husband and children.

The law changed after the wife's death, where the husband would become the sole owner under similar circumstances, but the prior law applies here.

The children are responsible for making their 1/4 payments against the mortgage, taxes, maintenance, etc. from the date they turned 18. While they have an ownership interest, they're not entitled to a free ride.