Will I get the house if my husband owned it before we were married?

UPDATED: Aug 2, 2011

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Will I get the house if my husband owned it before we were married?

Married less than a year; we have a 14 month old; I am a stay at home mom.

Asked on August 2, 2011 Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  This is not like a divorce where you have to worry about separate and marital assets, so to speak, in the same. way.  Your house is in your husband's name alone, correct?  And he died without a Will, correct?  Then the house has to go through probate and the intestacy laws in the state would apply.  Everything held jointly will go to you directly without  going through probate. Under the intestacy laws in Texas, anything that is not held joinlty and going through probate will be divided one-third to you and the balance of such personal estate shall go to your child.  Get help.  Good luck.

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