El Paso, TX asked in Real Estate Law for Texas

Q: I live in Texas my husband died last year, the loan to the our house is just in his name do i have a right to it.

Should I continue to pay off the mortgage on the house

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1 Lawyer Answer
Brian Foley
Brian Foley
  • Conroe, TX
  • Licensed in Texas

A: If your husband died without a will and you lived in the same house then you may be able to legally inherit the home or at least a life estate in the home. This is true because of the laws of intestacy. Paying the mortgage on the house is a matter that would depend on how much you wanted to continue to be in the home. Another thing to consider is the effect of the community property laws in Texas which indicate that any property purchased during the marriage is the property of both spouses. For example if you had gotten a divorce you would have a right to the house if it was purchased during the marriage regardless of whose name the home was finally placed on the mortgage documents.

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