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DonaldHowell

texas homestead interest

4 posts in this topic

Before we married my wife and I signed a pre-nuptial protecting our individual assets, and our paid-for home was in her name. My wife died after we were married only 15 months and we had not redone or wills. I was not listed in her will, and her children were the only beneficiaries. Now, the children want to sell the home, and I'm being asked to sign a statement releasing my homestead interest.

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Under Texas law,

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Is it necessary that I sign to release the homestead interest?

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Can the home be sold without my releasing the homestead interest?

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It appears from the facts in your brief message that the property does not fulfill the requirements for a family homestead and must be treated as your wife's single adult homestead, in which case you may have no homestead interest to release. However, Texas homestead laws are tricky and this is not my area of expertise. I strongly recommend you consult a local real estate or property law attorney for guidance before you sign anything.

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Your two questions appear to ask the same thing. I'll defer to "Ted" on this, but I would also point out that even if, technically, you have no interest to release, a buyer or title company might still insist on having a release before going through with the transaction or issuing a policy of title insurance.

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