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my wife bought her house three years before we got married ...
Sent to Legal Experts September 28 06:56 AM

my wife bought her house three years before we got married and is in her name , we have been married for 7 years now, i've spent 35000 remodeling the house since, if she was to die who gets the house me or her adult childern, we live in texas and we have no will

 

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smithville, Texas

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September 28 7:10 AM (13 minutes and 49 seconds later)
         
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Hi,

Texas is a community property state. Probable result: the house will be considered separate property but part of the value will be included in the community to the extent that the remodeling was paid with community funds. On her death without a will, the house will be appraised to make an apportionment between her separate property her 1/2 of the community on one hand and your 1/2 of the community on the other hand. You own your community share. The rest is her intestate estate. The Texas laws of intestacy (when one dies with no will) hold with respect to real property: spouse inherits a 1/3 interest for his (your) life, with the remainder interest going to her children. But with the application of the community property rules here giving you ownership of a portion outright, it is clearly complex. Best solution: work out a compromise with the children to sell or buy out one or the other's share(s).

Rich Licata




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September 28 7:25 AM (14 minutes and 51 seconds later)
         
what if we had a will leaving me the house
Answer
September 28 7:27 AM (1 minute and 47 seconds later)
         
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Then the will controls.

Rich Licata




To request me for NEW QUESTIONS IN THE FUTURE, just begin with "THIS IS FOR RVLAW"


THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE
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