San Antonio, TX asked in Real Estate Law, Probate and Landlord - Tenant for Texas

Q: what happens when a homestead property owner dies (who is married and lives in the wifes home) has a girlfriend there?

the wife is aware of this girlfriend living at her husbands property. And he moved the girlfriend into the homestead he owned for her to have a place to live she used to live in the same house as the wife and husband but wanted more privacy. He died without a will or anything in place. does the girlfriend have any legal right to the homestead property?

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: No.

First, I note that a married couple can only have one homestead. That homestead could be the separate property of one spouse or the other spouse or it could be community property of both spouses. Except of periods of temporary absence, a homestead must be used by the couple as their primary domicile.

Whether the husband's property where the girlfriend lives is his separate property or community property, without a will or transfer on death deed, no interest in that property passed to the girlfriend when the husband died.

She might be considered a tenant and she might be obliged to pay fair market rent for the property if she continued to live there after the husband's death. Without a written lease agreement, which is not mentioned in your question, that tenancy would be month-to-month at best.

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