Under the Texas Family Code, what happens to community property when one spouse dies without a will in Texas?
Correct Answer
B) The surviving spouse retains their one-half of the community property, and the deceased spouse's one-half passes according to Texas intestacy law
Under Texas Estates Code §201.003, the surviving spouse already owns one-half of the community property. The deceased spouse's one-half of the community estate passes according to intestacy law. If the deceased had no children (or all children are also children of the surviving spouse), the surviving spouse inherits the other half. If the deceased had children from another relationship, those children inherit the deceased's half.
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Previous Question
A Texas license holder is representing a married seller. The property is the seller's separate property (owned before marriage), but it has been the couple's homestead during the marriage. Under Texas law, whose signatures are needed on the deed to convey the property?
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A couple marries in Texas after each owning their own homes for several years. Under the Texas Family Code, what happens to the homes they each owned before the marriage?