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Does the spouse have rights to the property after my partner's death?

Does the spouse have rights to the property after my partner's death?

Full question:

I live in tx. I purchased 1 property with a man under both names but different last names. we moved in together on said property. he died leaving no will & now i found out he was married when we purchase property & his spouse is hindering the sale of property by claim of inheritance.I didnt know he was married & dont believe the spouse should have rights to property. does she? If she does, isnt she half responsible for the unpaid lien on the property? it seems that the bank who holds the loan is the hold up. They are assuming the spouse has rights but i believe there are circumstances involved that make their assumption incorrect.

Category: Wills and Estates
Subcategory: Probate
Date: 04/07/2025
State: Texas

Answer:

The answer depends on how you and your partner were named on the property deed. If you held the property as tenants in common, the spouse may have intestacy rights since your partner died without a will. This means the spouse could claim a share of the property.

If you held the property as joint tenants with rights of survivorship, you would inherit the entire property upon your partner's death, and the spouse would not have rights to it. However, joint tenancy can be severed, which may complicate matters.

Regarding the mortgage, if your partner was also on the loan, his estate might be responsible for the debt. If the spouse has rights to the property, she may also share responsibility for the unpaid lien, but this depends on the specifics of the mortgage agreement.

State law governs these situations, and it may be beneficial to consult a legal professional for guidance tailored to your circumstances.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do I transfer ownership of a property after death in Texas?

To transfer ownership of a property after death in Texas, you typically need to go through probate if the deceased did not leave a will. This process involves validating the will (if one exists) and distributing assets according to Texas law. If there is no will, the property will be distributed according to the state's intestacy laws. You may also consider using a transfer on death deed, which allows you to designate a beneficiary who will automatically receive the property upon your death without going through probate. Consulting with a legal professional can help navigate this process effectively.

How long do you have to transfer property after death in Texas?

In Texas, there is no strict deadline for transferring property after death, but it is advisable to initiate the probate process as soon as possible, typically within four years of the death. Delaying the transfer can complicate matters, especially if there are debts or disputes among heirs. If a transfer on death deed is used, the property automatically transfers to the designated beneficiary upon death, bypassing probate.

Can a house stay in a deceased person's name in Texas?

Yes, a house can remain in a deceased person's name in Texas until the estate is settled. However, this can create complications, especially regarding mortgage payments and property taxes. It is generally advisable to initiate the probate process to transfer the property to the rightful heirs or beneficiaries as soon as possible to avoid potential legal issues.

What is the statute for transfer on death deed in Texas?

In Texas, the transfer on death deed is governed by Texas Estates Code § 112.051-112.059. This allows property owners to designate a beneficiary who will automatically inherit the property upon their death, without the need for probate. The deed must be properly executed and recorded to be valid. It's important to consult with a legal professional to ensure compliance with all requirements.

How long do you have to transfer a deed after death?

While there is no specific time limit for transferring a deed after death in Texas, it is advisable to do so promptly to avoid complications. If the property is part of an estate going through probate, the transfer should occur as soon as the estate is settled. If a transfer on death deed is in place, the transfer occurs automatically upon death, without a time constraint.

Who inherits property if there is no will in Texas?

If there is no will in Texas, the property is distributed according to the state's intestacy laws. Generally, the deceased's spouse and children are the primary heirs. If there are no children, the spouse may inherit the entire estate. If there are children from a previous relationship, the spouse and children may share the inheritance. Other relatives may inherit if there are no immediate family members. Consulting a legal professional can provide clarity on specific situations.