Can My Spouse’s Children Kick Me Out of the House?
When working with blended families and inheritance issues, legal questions often arise, especially after the loss of a spouse. One of the most emotionally and financially distressing concerns is whether your spouse’s children can force you out of your home.
Whether you're living in a home solely owned by your late spouse, jointly owned property, or simply residing there as a surviving partner, the answer depends on several legal factors. Here, our Houston estate law attorney at Webb & Associates will explore your rights, how property ownership and estate planning affect your situation, and what steps you can take.
Marital Property and Home Ownership in Texas
Texas is a community property state. This means that most property acquired during the marriage belongs equally to both spouses, regardless of whose name appears on the title. However, property acquired before the marriage or received by gift or inheritance is considered separate property, which may complicate matters for a surviving spouse.
To determine whether a surviving spouse has the right to remain in the home, courts look at how the property was acquired and whether it was jointly owned. If the house was purchased during the marriage, it’s likely community property. If it was owned by the deceased spouse before marriage, or inherited by them alone, it may be separate property.
In many cases, even if the deceased spouse owned the house individually, Texas estate law provides some protections for the surviving spouse.
The Homestead Right in Texas
Texas law gives surviving spouses strong protection through what’s called the homestead right. This legal protection allows the surviving spouse to stay in the marital home for the rest of their life, even if the home was the separate property of the deceased spouse and was passed to the children through a will.
The homestead right applies as long as:
The property served as the primary residence
The surviving spouse continues to use it as a home
The property isn’t abandoned or sold
This means that, even if your name isn't on the deed and your spouse’s children inherited the house, you may still have the legal right to live there indefinitely.
Can the Children Force a Sale?
Spouse’s children may become legal owners of the house through inheritance, especially if the will directs that the home goes to them. However, under Texas estate law, they can’t evict a surviving spouse who asserts a valid homestead claim.
Even if the children want to sell the house to divide assets or get their share, the homestead right generally prevents them from forcing a sale during the surviving spouse’s lifetime.
This situation often leads to shared interests in the property: the surviving spouse may have a life estate interest, while the children hold the remainder interest. The key legal distinction is that the surviving spouse has possession and use rights, even if they do not hold title.
Life Estate vs. Ownership
When dealing with estate law in Texas, it's important to distinguish between ownership and possession. In many cases, the surviving spouse receives a life estate in the marital home. This gives them the right to:
Live in the home
Prevent others from occupying or selling it
Benefit from using the property (e.g., renting it out, with restrictions)
But it also means they:
May not sell or transfer the full ownership interest
Must maintain the property
May be responsible for taxes, insurance, and upkeep
Meanwhile, the spouse’s children, if named as heirs, own the property subject to the life estate. Their full ownership takes effect only after the life estate ends, typically upon the surviving spouse’s death.
What Happens If There's No Will?
If your spouse died without a will, Texas intestacy laws determine how their estate is distributed. When a person dies intestate, state law splits property depending on whether the property was community or separate, and whether there are surviving children from another relationship.
In general, community property typically goes to the surviving spouse, and sparate property may be divided between the spouse and the children
For separate real estate (like a house owned before marriage), the surviving spouse gets a one-third life estate in the property. The children inherit the remainder of the interest in the entire property. This further supports the surviving spouse’s right to stay in the home, even when adult children inherit the title.
Responsibilities of the Surviving Spouse
Although Texas estate law protects the right to remain in the home, surviving spouses still have responsibilities. These typically include:
Paying property taxes
Maintaining the home in good condition
Carrying homeowners insurance, if required
Failure to maintain the home or pay taxes could lead to legal action, including foreclosure or partition suits, which may alter a spouse’s ability to remain in the home.
For that reason, spouses should keep documentation of expenses, tax payments, and repairs related to the property. These records could be important in future disputes.
Can the Children Challenge the Homestead Right?
In some cases, children may contest the surviving spouse’s right to remain in the home, especially if they claim the spouse abandoned the property, allowed it to fall into disrepair, or failed to meet financial obligations.
To contest a homestead right, children must usually prove:
The surviving spouse is no longer using the home as a primary residence
The home has been rented or transferred without legal authority
Required taxes or maintenance have not been performed
While it’s not common for courts to remove a surviving spouse without strong evidence, these disputes do happen. Spouses should remain aware of their rights and obligations to protect their residences.
When the Spouse’s Name Is on the Deed
If the surviving spouse is also listed as a joint owner or has survivorship rights on the deed, the situation becomes simpler. In such cases, ownership usually passes directly to the surviving spouse outside of probate, and the children have no legal right to the home.
Types of deed arrangements that affect this outcome include:
Joint tenancy with right of survivorship
Transfer on death deeds
Community property with right of survivorship
These legal tools can help avoid disputes by making it clear that the surviving spouse becomes the sole owner of the property upon death. However, if the deed doesn't include these terms, ownership and occupancy rights may need to be sorted out through the probate process.
How to Protect Yourself During the Marriage
It’s important for spouses, especially in second marriages or blended families, to take steps during the marriage to protect housing rights in case one partner passes away. Estate law offers several tools to help clarify ownership and support surviving spouses.
Consider the following options:
Create a will that clearly states who inherits the home
Use a deed with survivorship language
Create a living trust that holds the property
Discuss a marital property agreement
Each of these steps can reduce confusion and minimize family disputes after a spouse’s death. Clear planning is especially helpful when a spouse has adult children from a previous relationship who may expect to inherit part of the estate.
When Legal Help Is Needed
Disputes over property rights after a spouse’s death can lead to court battles, especially when family relationships are strained. In Texas, estate law provides significant rights for surviving spouses, but enforcing those rights may require legal action if children challenge occupancy or ownership.
You may need legal support if:
Your spouse’s children are pressuring you to leave
You’re unsure about your rights under a will or trust
You need to assert a homestead or life estate claim
There’s no clear documentation of ownership
Acting quickly can prevent complications, especially if there are deadlines for probate filings or notices.
Addressing Property in Blended Families
Blended families bring unique challenges when it comes to property and inheritance. Children from prior marriages may have expectations about receiving part of the estate, especially when no formal estate planning has been done.
To avoid misunderstandings, couples should:
Discuss how property should be passed down
Decide whether the surviving spouse should remain in the home
Put their wishes into legal documents
Review property titles and update them as needed
Estate law in Texas allows for flexibility, but only when there is clear legal guidance. Relying on verbal promises or assumptions often leads to disappointment or legal conflict.
What Happens to Household Contents?
In addition to the home itself, personal property inside the house may become part of a dispute. Items like furniture, family heirlooms, and personal effects may have financial or emotional value.
Texas law typically views personal items as part of the estate unless otherwise specified in a will or agreement. This means that:
Items may be divided among heirs
The surviving spouse may need to make arrangements with the children
Conflicts may arise over ownership
If the will is silent on personal property, the executor or court may decide how items are distributed. To avoid disputes, spouses can use written inventories or separate property lists attached to wills or trusts.
Reach Out Today
In Texas, adult children of a deceased spouse can’t simply force a surviving spouse out of the marital home. We serve residents throughout Texas, including Houston, Cypress, Katy, Sugar Land, Harris County, Galveston County, Fort Bend County, Waller County, and Brazoria County. For experienced legal services, contact us at Webb & Associates today.