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amy e
Lv 4

hubby got a house(TX) before we married, after we refinanced and put me on title&loan. If something happened to him do I inherit or his kid?

7 Answers

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  • 3 years ago
    Favorite Answer

    Since he owned the property prior to the marriage the PORTION of its value (less any mortgage) would have been his separate property, however getting a loan in both your names, and putting you on the title makes the rest communal property. It get very complicated.

    I got this from a Lawyer's Website

    "Texas laws on inheritance....

    Inheritance of Separate Property Without a Will. If you die without a will, Texas law will distribute your separate property differently than community property. ... Your separate personal property — such as money or a vehicle — will be divided two-thirds to your children and one-third to your spouse....

    Inheritance by Will

    If you have a valid will that addresses all of your property, the terms of the will govern how your property will be distributed. Texas inheritance laws will not override the terms of your will....

    If you are married and have descendants from another relationship, Texas law divides your community property in half if you do not have a will. Half of your community property will go to your spouse and half will go to your children from your other relationship. "

    So his children could get 1/4 of the value of the family home (his half share being divided equally between you and the children) IF there is no will detailing otherwise. Since this could cause problems down the road I suggest you BOTH get wills which state what your wishes are. Texas is unlikely to overturn a valid will.

  • 3 years ago

    Do you have something called "joint tenancy with right of survivorship"? If you do, that means that if he dies first, you automatically own his former share of the home, without going through probate.

  • 3 years ago

    Not a matter of inheritance if your name is on the title the house is then half yours and will be yours if anything happens to your husband

  • Kelly
    Lv 7
    3 years ago

    In most states, both of you would.

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  • ?
    Lv 6
    3 years ago

    Your name is on the title. The property is not subject to probate unless BOTH you and your husband die. If you husband dies, NOBODY inherits the house. It is yours already...it will not change ownership.

    And technically speaking, if you both die...the property would be sold by the financing corporation. People like to say they "own" a home but that's not true at all unless the title is clear (the mortgage has been paid off). Most people who say they own a home are only kidding themselves.

  • Anonymous
    3 years ago

    children always get 50% even if u have a will and they are not there. and when my husband and i went to a lawyer to write our will we had everything settled and nothing to discuss - 2 houses, one goes to me all and another is divided with his children if he dies first. we spent 2 hours at the lawyer's office because there are so many nuances and I was unpleasantly surprised about some things concerning will and law. and no, it is not like some hicks think *u can put anything to the will and give everything to your dog*. no, u can\t , u also can not take your child off your will even if u want. not that I want to, just enquired

  • ?
    Lv 7
    3 years ago

    Not enough information.

    Ask a Texas lawyer.

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