If my husband passed away, will the home that he bought before we were married become mine?
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If my husband passed away, will the home that he bought before we were married become mine?
Asked on November 14, 2010 under Estate Planning, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In TX, separate property is treated differently than real property. Real estate of the decedent (not co-owned by the surviving spouse), passes directly to his or her children, with the surviving spouse being granted a "life-estate" in the property (i. e. they can live in the property until their death). Non-real estate assets are divided 2/3 to the children and 1/3 to the surviving spouse. If the decedent had no children, the spouse gets 1/2 of the separate property, and the other half is divided among the decedent’s surviving parents, and possibly siblings.
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