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Wills and Probate

Surviving Spouse Homestead Rights in Texas

The short answer

In Texas, a surviving spouse has a right to continue living in the family homestead, and a will cannot take that away. The homestead cannot be forced into a sale by most creditors, and it is protected from partition against the surviving spouse. If the decedent leaves the home to someone else, the spouse can generally still occupy it for life, and some ownership interests pass to the spouse under intestacy.

This page is general information, not legal advice, and does not create an attorney-client relationship. Rules change and every situation is different. Talk to a licensed attorney before acting on any of it. Last updated 2026-11-02.

The right to occupy

Texas homestead law gives the surviving spouse the right to occupy the family home for as long as they live there, with some exceptions. If the home was community property, the survivor already owns half, and the other half cannot be sold in a way that forces the survivor out. If the home was the decedent's separate property, the surviving spouse still generally has a right to remain there for life, if the property was their homestead.

Protection from creditors

Texas protects a homestead from most unsecured creditors, including those of the decedent, within the limits of acreage and the exceptions the law allows. The exceptions include mortgages, home equity loans, property taxes and properly documented improvements. That means a lender with a lien can still foreclose if payments stop.

Allowances

Texas also gives the surviving spouse and minor children an allowance in lieu of exempt property and a family allowance for support during the administration of the estate. The surviving spouse can ask the court for these. They are paid ahead of most creditors.

How wills interact with homestead rights

What to do

If you are a surviving spouse, keep living in the home, keep the property insured and the taxes paid, and do not sign documents transferring the house without advice. If you are an executor or child of the decedent, talk to an attorney before listing or selling a house in which a surviving spouse lives. For planning, see blended family trust planning.

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Frequently asked questions

Can my children force me to sell the house after my spouse dies?

Generally no, as long as the house is your homestead. The law protects your right to occupy.

What if I remarry or move out?

Moving out or abandoning the homestead can end the right, so ask an attorney before you change your living situation.

Does the right apply if the house was my spouse's separate property?

A surviving spouse generally keeps the right to occupy it if it was their homestead, though details depend on the facts.

Do mortgages still need to be paid?

Yes. Homestead protection does not wipe out a valid lien.

Related questions

This page is for general informational purposes and does not constitute legal advice. Anchor Legacy Planning is not a law firm; legal work is performed by independent, licensed attorneys.