Mother remarried and Moved into Spouse's Home in Texas

[mdking]

My mother has been married for 11 years to her current husband. She moved into his home that is only listed in his name on the deed. He refuses to change the deed to include her name. He says that when he dies, she will get the house and the attorney will take care of it. She has spent her retirement money fixing up the home as well as spending much more the last 11 years on the home. His children would be the types to take whatever they could take. He did make a will saying everything goes to her but we are unsure if he made one after that. Has she no rights to this home in a community property state?

I live in his other home and I rent from him. I also have put thousands into the house to make it liveable. Up on his death, could we both be booted out? I do not have a contract.

 

[David J. Miller]

If it's a community property state, the spouse gets the house. (poet didn't know it) You may however, want to include the state you are in so the attorneys on this sight can confirm.

I am an attorney. I am a partner in the following law firm: Dewy, Cheatum and How, LLP.

Seriously though, I am NOT an attorney so check back for more info. from someone that is.

 

[mdking]

In the title, it states that she is in Texas and to the best of my knowledge, this is a community property state. I thought that the kids would be able to get the home if it is not in her name and also it was his home prior to the marriage.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by David J. Miller:
If it's a community property state, the spouse gets the house. (poet didn't know it) You may however, want to include the state you are in so the attorneys on this sight can confirm.

I am an attorney. I am a partner in the following law firm: Dewy, Cheatum and How, LLP.

Seriously though, I am NOT an attorney so check back for more info. from someone that is. <HR></BLOCKQUOTE>

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mdking:
In the title, it states that she is in Texas and to the best of my knowledge, this is a community property state. I thought that the kids would be able to get the home if it is not in her name and also it was his home prior to the marriage.

<HR></BLOCKQUOTE>

I am the senior partner of that law firm referenced in the previous post by David Miller.

Yes you stated that the title states that she is from Texas? That is where all my ex's are. Maybe they know each other?

And what is the best of your knowledge with respect to your understanding of community property laws in Texas? Would Governor Bush know?

[This message has been edited by HomeGuru (edited October 23, 2000).]