Boyd, TX asked in Family Law and Real Estate Law for Texas

Q: My father was married to my stepmother for over 40 years. Around 10-15 years ago she purchased a house in her name only

She passed away in November leaving everything to her daughters in a will. Since they were married when the house was purchased, does community property law supersede the will. Isn’t he entitled to at least 50% of the estate?

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

A: It depends on what money she used to purchase the home. If she used separate property funds or her separate credit to purchase the home, it could be her separate property. On the other hand, if she used community funds and/or community credit to purchase the home, it could be community property.

There is also the possibility of a gift from her husband. Gifts are separate property.

You should take all of the closing documents if you can get them to an attorney

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