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If my husband & i own our home but have no will & he has 4 children from 1st wife and 1 from me, will i have to divide the

San Antonio, TX |
Filed under: Intestacy and probate

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.

Attorney Answers 1


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.

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