I live in TX. My husband died 4 months after we went into a 30 year mortgage. He never lived in TX and I continued to pay the mortgage and then after a few years I paid off the mortgage. Not knowing TX law, I got the deed back and it had Et Al on it. Now I am aging and want to move close to my daughter in MT and found out I only get 50% if I sell the house and will not be able to afford to buy another house so I cannot move leaving me in a terrible position. It seems really unfair that I have paid for everything for almost 20 years including ppty taxes, repairs, home insurance and all and have to share 50% with his sons from a previous marriage if I sell the house.
Query, was the down payment money from a source prior to marriage (gift devise or decent) and not from your earnings during marriage. If so the property will be your separate property. Tracing the initial downpayment will be your best source to prove that the property is your separate property and not community property. Query, if he never lived in Texas why is his name on the mortgage? Was his name used only for credit purposes? Did he leave a Last Will and Testament? If all fails, you will have a life estate in his half of the property. Ask your local attorney the basic questions presented.
If the house was titled to the two of you, and your husband died intestate, and he had children from a previous marriage, then yes, 50% of the house and the other 50% to his sons. Consult with a probate attorney immediately for further advice.
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