Wife Passed Away - does her house go to the husband in TX?

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Latest post 09-20-2011 10:50 AM by Drew. 6 replies.
  • 09-07-2011 11:25 AM

    Wife Passed Away - does her house go to the husband in TX?

    I am filing for chapter 13 in Arkansas.  My attorney wants to know if my wife's house becomes my house?  When does the house become "ownership interest" of my late wife's house.  Do I need an attorney?  The house is located in Tarrant County, Texas.

  • 09-07-2011 11:39 AM In reply to

    • Drew
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    Re: Wife Passed Away - does her house go to the husband in TX?

    You need to look to TX law --as to the will or intestacy and whether the property was separate (hers alone) or community property and if there were children etc and to how home was titled etc

    Odds are you can get pretty close with a bit of homework w/o hiring a TX attorney . Then sort out if you need more technical help.

    You probably get some share of the home .

    BTW, what has happened so far to the home. Who is executor/administrator of her affairs?

     



  • 09-07-2011 12:12 PM In reply to

    Re: Wife Passed Away - does her house go to the husband in TX?

    Frank Allen:

    I am filing for chapter 13 in Arkansas.  My attorney wants to know if my wife's house becomes my house?  When does the house become "ownership interest" of my late wife's house.  Do I need an attorney?  The house is located in Tarrant County, Texas.

    You have no way of answering that question until you can read the deed and see how the ownership is listed.

    If you don't have a copy, you can search for it on the Tarrant County public records search page. You might be able to view it online and print it out.

    https://ccrecordse.tarrantcountytx.gov/RealEstate/SearchEntry.aspx?e=newSession

    Post the ownership exactly as written on the deed and we'll give you more ideas.

    Also tell us if she had a will or died without one and whether she had any children with or without you.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 09-20-2011 9:41 AM In reply to

    Re: Wife Passed Away - does her house go to the husband in TX?

    The deed is listed as her name.  She didn't have a will and she had one child, who said he would waive all rights to me.

  • 09-20-2011 10:37 AM In reply to

    • Drew
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    Re: Wife Passed Away - does her house go to the husband in TX?

    You need to look to laws of where she was a resident at her death --and its not clear if its TX

    And is her child also your child?

    He name on title is not a  complete answer as to if its community property/

    In TX odds are under intestacy you would have as a minimum a life estate in it.

    If son disclaims its NOT a sure thing that his share goes to you but it might if he has no children. .

     



  • 09-20-2011 10:40 AM In reply to

    Re: Wife Passed Away - does her house go to the husband in TX?

    Frank Allen:

    The deed is listed as her name.  She didn't have a will and she had one child, who said he would waive all rights to me.

     Keep in mind that there is a difference between ownership and a community property interest. She owned the house but, depending on the circumstances, you likely have a community property interest in it if, during your marriage, your incomes were used to support the house.

    I'm going to assume that the house is community property for the purpose of this response.

    According to the Texas Property Code, Chapter II, Section 45 (2)(b):

    • On the intestate death of one of the spouses to a marriage, if a child or other descendant of the deceased spouse survives the deceased spouse and the child or descendant is not a child or descendant of the surviving spouse, one-half of the community estate is retained by the surviving spouse and the other one-half passes to the children or descendants of the deceased spouse.

    http://law.justia.com/codes/texas/2009/probate-code/chapter-ii-descent-and-distribution/

    That means you share your wife's estate with her child.

    If the child wanted to keep the house, the child would have to pay you the equivalent of half the equity in the house that had accumulated during the marriage.

    But, since the child is willing to disclaim its inheritance, let's move on to Chapter II, Section 37A which describes the procedure for disclaiming an inheritance. You must read this section very carefully and follow it to the letter, especially the part about the form and filing of the disclaimer. It's a long section so I'm just providing a link to it:

    http://law.justia.com/codes/texas/2009/probate-code/chapter-ii-descent-and-distribution/

    You are likely to need a lawyer in TX to set this up properly for you.

    Keep in mind that AR (I believe) has an unlimited homestead exemption for a home you use as a residence. But if you get the home in TX and you live in AR it's likely that it would not be exempt and you would have to sell it once you got it and use the proceeds to pay down creditors.

    Talk that over with your lawyer.

    It might not be worth the time and cost of getting it if you just lose it.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 09-20-2011 10:50 AM In reply to

    • Drew
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    Re: Wife Passed Away - does her house go to the husband in TX?

    In some circumstances the way to protect the home against  your creditors if for YOU to disclaim



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