House Inherited To Husband and Then Sold

[roselai66]

I live in the State of Texas and my husband had a house that was inherited to him by his Grandmother when she passed away. And yes, we were married the time of the inheritance. My husband sold the house and we used that money as a down-payment on another house (which is a considerable amount of money). We are now separated and my question is this: If we were to divorce, is my share in the house equal to his?

 

[advisor10]

2-19-2002

DEAR ROSELAI66:

You really do need to consult with a local probate attorney to find out what you do or do not need to do to protect your interests.

Texas is a community property state, so it is possible you would become co-owner of the new house (but only after it is paid for in full, otherwise the mortgage company is still the owner). Whose names are on the deed/title to the property now--just his or both your name and his name?

If you were to divorce, you would automatically not be eligible to claim any thing from his will, by law.

SINCERELY,

advisor

 

[roselai66]

The house is in both our names.