Estate Law Questions? Ask an Estate Lawyer.
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Is the property owned as tenants in common or joint tenancy with his son? Was the property acquired during the marriage?
How is title held with the son?
Thank you for the additional information.I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
As Texas is a community property state, you may be held liable for debt incurred during the marriage by your spouse. So, there is a possibility that, absent a written agreement to the contrary, the lender could seek to force you to repay your husband's mortgage, or, at least a portion of it.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
It really depends on the way the deed is written. If he and his son are joint tenants with right of survivorship then you are not an owner after his death.
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