Legal Question in Wills and Trusts in Texas
Will we lose our home?
My husband bought our current home 5 years ago prior to our marriage that same year.I was not approved on the mortagage application because of bad credit, so he only has his name on the loan and the title.We started working on our will and noticed that he did not specify this property to go to me upon his death.Instead, he detailed items to be given to the children like their individual inheritance from the insurance proceeds and other personal effects.He explained that everything else he did not specify for the children, such as the house and whatever is left of the insurance money will go to me. I keep on telling him that he should indicate that on his will, but he said this is okay.Since technically this is not considered community property as it was bought prior to the marriage, what rights do I have to this home upon his death? We both have a child from previous marriages and one child together and I don't want to lose this home should something happen to him.He told me that I can use the insurance money to payoff the house if I need to, but I am not even on the title.
1 Answer from Attorneys
Re: Will we lose our home?
You have a homestead interest regardless of the character (separate or community) of the property; that is, you have the right to continue to reside there for as long as you choose until your death.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
