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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33707
Experience:  15 years real estate, Realtor. Landlord 26 years
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My husband died on dec 31, 2015. I bought a home 9 years ago

Customer Question

My husband died on dec 31, 2015. I bought a home 9 years ago I my name only. He did not leave a will. His name is ***** ***** the loan or dead
. I still owe 22 years on the loan and a ballon payment at the end of the mortgage. My payments are up to date. My mortgage monthly payments are less than an apartment would be. I am 66 year old now How does his death effect my home. My Main interest is being able to live In my home till my death or health forces me to leave. I live in Texas. I am upside down with this home. An not interested inSelling. I wonder about his children's portion of a house that is upside and off I pay for this house will they still own half
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Did you purchase the property during the marriage?

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Where has the money been coming from to pay the payments?

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thanks

Barrister

Customer: replied 8 months ago.
we had been married two years when I purchased it. My Income has paid the payments from a joint acct. or my private acct. he has been on social security last five years. He did home business with a loss each year till then
Expert:  Barrister replied 8 months ago.

Ok, if you purchased it while married, then it is considered community property under TX law.

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If husband passed without a will, then the default TX intestacy laws control who inherits his half of the property. If he had children from a previous relationship, then they inherit his half of the house, but you get the right to live there for the rest of your life.

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So they will inherit 50% of the property when you pass, but you can live there as long as you choose to.

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thanks

Barrister

Customer: replied 8 months ago.
I was disabled from my job as a. RN and went on disability. I retire in March 2015. I was totally disabled before deciding to take my retirement.His children will still get half even if I have paid for the house after his deTh
Expert:  Barrister replied 8 months ago.

Yes, unfortunately, it is how the house is classified when it is bought that counts, not how it is paid for. So if it was bought during the marriage and money earned during the marriage (i.e. marital money) is used to pay for it, it is a community property asset and passes under the intestacy statutes if he left no will.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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