I've dealt with this situation before.... it can get pretty sticky. Basically, the general rules still apply. The "dirt" is community property but the improvement (home) is community property. Like I said, unwinding that can be really sticky. If you are in this situation and both spouses are living, then I'd highly recommend "papering up" how you'd like things to go. In other words, consider getting a will and/or trust, consider changing title to the underlying land, or consider creating a post-marital agreement. An attorney would be helpful in creating any of those. If you're inheriting from the situation you've described, you should also see an attorney.... in past cases, our Firm has helped orchestrate an agreed buyout.
@texasestateplanning Thank you for responding. It's my grandmother's stepchildren claiming that since she has passed, everything reverts back to them because she went through probate in 89' when her husband (their father) passed.
@@ElegantAden Hmmm... I'm not sure from your reply who owned what. At any rate, you would probably be well-served by going to meet with an attorney in that area. Take whatever paperwork you have (deeds) and know important dates (dates of marriage and dates of death).
@texasestateplanning I'm sorry, their father owned the land before he married my grandmother. Then, he built their marital home on the property. I will most definitely have all the documents ready. Thank you!
Excellent question! Assuming your husband's will is valid and that you probate his will after he passes, then you get the house. It doesn't matter if the house was community property or separate property... that only matters if he doesn't have a will.
My Mother has been married for 20 years. Her husband has a 6 yr old paid off vehicle. Can he chose to will it to a relative, or is it my Mother's as community property?
@@PC-yz1jp If it was purchased during the marriage, it's probably legally community property. That means that he can will his half of the ownership of the vehicle to his relative, but your Mother would own the other half (regardless of what the title says). If I were your Mother, if the husband passes away, I would try to secure the vehicle and the vehicle title so that some under-the-table shenanigans don't take place!
@@PC-yz1jp It depends! The wording on the title really matters. You'll probably want to have an attorney look at the title just to make sure it reads correctly (which would be for "joint tenants with rights of survivorship").
What if the marital home was built on separate real property? Does it now make the house separate property?
I've dealt with this situation before.... it can get pretty sticky. Basically, the general rules still apply. The "dirt" is community property but the improvement (home) is community property. Like I said, unwinding that can be really sticky. If you are in this situation and both spouses are living, then I'd highly recommend "papering up" how you'd like things to go. In other words, consider getting a will and/or trust, consider changing title to the underlying land, or consider creating a post-marital agreement. An attorney would be helpful in creating any of those. If you're inheriting from the situation you've described, you should also see an attorney.... in past cases, our Firm has helped orchestrate an agreed buyout.
@texasestateplanning Thank you for responding. It's my grandmother's stepchildren claiming that since she has passed, everything reverts back to them because she went through probate in 89' when her husband (their father) passed.
@@ElegantAden Hmmm... I'm not sure from your reply who owned what. At any rate, you would probably be well-served by going to meet with an attorney in that area. Take whatever paperwork you have (deeds) and know important dates (dates of marriage and dates of death).
@texasestateplanning I'm sorry, their father owned the land before he married my grandmother. Then, he built their marital home on the property. I will most definitely have all the documents ready. Thank you!
What if my husband passes and he leaves the house to me his wife on the will?
Excellent question! Assuming your husband's will is valid and that you probate his will after he passes, then you get the house. It doesn't matter if the house was community property or separate property... that only matters if he doesn't have a will.
My Mother has been married for 20 years. Her husband has a 6 yr old paid off vehicle. Can he chose to will it to a relative, or is it my Mother's as community property?
@@PC-yz1jp If it was purchased during the marriage, it's probably legally community property. That means that he can will his half of the ownership of the vehicle to his relative, but your Mother would own the other half (regardless of what the title says). If I were your Mother, if the husband passes away, I would try to secure the vehicle and the vehicle title so that some under-the-table shenanigans don't take place!
@@texasestateplanning O.K, Mother says she is also listed on Title. So it goes to her, correct?
@@PC-yz1jp It depends! The wording on the title really matters. You'll probably want to have an attorney look at the title just to make sure it reads correctly (which would be for "joint tenants with rights of survivorship").