Q: is land personal or community property
Dad recently passed without a will, my parents bought land in the 80s together but divorced in the 90s. My mother signed over her part of the land to my dad so he owned it soley. 5 years later they remarried, is the land considered his personal property since he came into the marriage the second time as sole owner therefore only allowing her to receive 1/3 of it and not allowing her to sell it? Thanks
A: It appears that it would be separate property in which she would have a life estate.
Beth Ann Serafini-Smith agrees with this answer
A: At the time of your dad's death, he owned the real property as his separate property. Your mom would have a life estate, meaning she could live there for her lifetime. Please contact a Texas probate attorney to discuss the details of what a life estate means and the probate process.
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