Texas law dictates property inheritance upon the death of a spouse. The manner of house ownership determines its disposition. If the house is community property, meaning acquired during the marriage and owned equally by both spouses, the surviving spouse typically inherits the deceased spouse’s share, resulting in full ownership. However, if the deceased spouse left a will devising the house differently, the will’s provisions generally control. If the house is separate property, meaning owned by the deceased spouse prior to the marriage or received as a gift or inheritance during the marriage, the disposition depends on whether the deceased spouse left a will. With a will, the house passes according to its terms. Without a will, state intestacy laws determine inheritance, typically prioritizing the surviving spouse and children.
Understanding property ownership and inheritance laws provides crucial stability and clarity during a difficult time. This knowledge empowers surviving spouses to navigate legal processes effectively, ensuring their rights are protected and the deceased spouse’s wishes are honored. Historically, Texas law has evolved to better protect surviving spouses, reflecting societal shifts in recognizing their contribution to the marital estate.
