home with all 5 children? the title to our home is under both of our names and we've been married for 30 yrs. also, i forgot to mention that he has Alzheimer's.
Family Law Attorney
This is a probate question, as opposed to a divorce question. You may refer to Texas Probate Code Section 45 which details the rules for intestate succession when the deceased has a spouse. In short, the code says that since he has children from a prior marriage, the 5 children will divide 1/2 of the community interest in the residence and you will retain the other 1/2 yourself. You would not be forced to move out or sell the home, as you would have a life estate in the home and be able to live there until you pass.
You should consult a probate attorney to determine if your husband is competent to make a Will and to discuss these matters further.