Under Texas law, a surviving spouse has a life estate in the marital homestead. This life estate gives the surviving spouse a right to live there for so long as she lives or until she chooses to move out.
First, what is a marital homestead? Generally, the marital homestead is real property and any improvements placed on it that's used by a married couple as their home. What qualifies as a homestead depends on whether the real property is urban or rural. Urban areas are those which are located within a municipality's limits, extraterritorial jurisdiction, or platted subdivision; have a police force and either a paid or volunteer fire department; and have at least 3 of the following services through a municipality: electric, water, sewer, storm sewer, and natural gas. Homesteads located in urban areas, urban homesteads, are limited to 10 acres. For more on the definitions of urban homestead and rural homestead, see Article 16, Section 51 of the Texas Constitution; Tex. Prop. Code §41.002(a).
If the father was married at the time of his death, then his surviving spouse has a right to continue living in the home for so long as she chooses. Tex. Const. art. 16, §52; Tex. Est. Code §102.005. The fact that the father left the property to his child doesn't change this. See Tex. Est. Code §102.002.
Despite the protections from forced sale provided by the Texas Constitution, Property Code, and Estates Code, there are certain circumstances under which a forced sale is possible under Texas law. These and other legal options should be discussed in private with an attorney.
First, what is a marital homestead? Generally, the marital homestead is real property and any improvements placed on it that's used by a married couple as their home. What qualifies as a homestead depends on whether the real property is urban or rural. Urban areas are those which are located within a municipality's limits, extraterritorial jurisdiction, or platted subdivision; have a police force and either a paid or volunteer fire department; and have at least 3 of the following services through a municipality: electric, water, sewer, storm sewer, and natural gas. Homesteads located in urban areas, urban homesteads, are limited to 10 acres. For more on the definitions of urban homestead and rural homestead, see Article 16, Section 51 of the Texas Constitution; Tex. Prop. Code §41.002(a).
If the father was married at the time of his death, then his surviving spouse has a right to continue living in the home for so long as she chooses. Tex. Const. art. 16, §52; Tex. Est. Code §102.005. The fact that the father left the property to his child doesn't change this. See Tex. Est. Code §102.002.
Despite the protections from forced sale provided by the Texas Constitution, Property Code, and Estates Code, there are certain circumstances under which a forced sale is possible under Texas law. These and other legal options should be discussed in private with an attorney.
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