Who Inherits If You’re Married?
Janelle Creme

If you’re married and living in Texas—whether in Prosper, Frisco, McKinney, or Plano—you’ve probably heard the phrase “community property state” thrown around.

But what does that actually mean for your home, your savings, or your business if something happens to you or your spouse? And who would inherit if you don’t have a will?

As an estate planning attorney serving families in Prosper and the surrounding North Texas communities, I see a lot of confusion (and surprise!) around Texas community property rules. This guide walks you through the basics so you can see why a clear plan matters.

Important: This post is for general educational purposes and is not legal advice. Your situation is unique, and small facts can change the outcome in a big way.

What Is Community Property in Texas?

Texas is one of a handful of community property states, which means that, generally, most property acquired during the marriage is owned 50/50 by both spouses, regardless of whose name is on the title or which spouse earned the income.

Community property typically includes:

  • Income either spouse earns during the marriage

  • The home you buy after you’re married

  • Cars purchased during the marriage

  • Retirement contributions during the marriage (401(k), IRA, pensions)

  • A business created during the marriage

Separate property generally includes:

  • Property one spouse owned before marriage

  • Gifts or inheritances received by only one spouse (even during the marriage)

  • Certain personal injury awards

Separate property is a big deal because it’s usually not divided 50/50 between spouses—and it may pass differently when a spouse dies.

What Happens If a Married Person Dies Without a Will in Texas?

When someone dies without a will, Texas intestacy laws decide who gets what. The rules are complicated, but we can simplify them into a few common scenarios.

Think of it like this:

  • Step 1: Is property community or separate?

  • Step 2: Are there children? Are they from this marriage only, or from a prior relationship?

  • Step 3: What does Texas law say happens by default?

This is where many families in Prosper are caught off guard—especially in blended families.

Scenario 1: Married with Children from This Marriage Only

Example: You and your spouse live in Prosper, you bought your home together after you got married, and all of your children are from your current marriage.

Community Property (most of your “stuff”)

If you die without a will and:

  • You’re married, and

  • All children are with your current spouse

Then, under Texas intestacy law:

  • Your share of the community property generally goes to your surviving spouse.

    • Your spouse ends up owning 100% of the community property.

This is what many couples expect to happen, and in this narrow situation, Texas law does line up with expectations.

Separate Property (what you owned before marriage or inherited)

Separate property is different:

  • Separate personal property (e.g., bank accounts, investments, personal items)

    • 1/3 goes to your spouse

    • 2/3 goes to your children

  • Separate real property (e.g., a rental house you owned before marriage)

    • Your spouse usually receives a life estate in 1/3 (the right to use it during their life)

    • Your children receive the remainder interest (they ultimately own it)

So even in a “simple” family situation, your spouse does not automatically inherit everything.

Scenario 2: Married with Children from a Prior Relationship

This is where things can get very complicated—and emotional.

Example: You and your spouse live in Prosper. You have children from a prior relationship and maybe also children together.

Community Property

If you die without a will and have children from a prior relationship, then:

  • Your half of the community property goes to your children,

  • Your spouse keeps their half only.

That means your surviving spouse could suddenly find themselves:

  • Owning only 50% of the house, and

  • Co-owning the other 50% with your children (or even minor children with a court-appointed guardian managing it).

This can put serious strain on relationships and finances—and it’s usually not what the couple thought would happen.

Separate Property

Separate property again follows the same pattern:

  • Children receive most or all of the separate property

  • The surviving spouse has limited rights—often a fractional share or a life estate

For blended families, relying on Texas default rules is risky. A thoughtful estate plan (often with a trust) can protect both your spouse and children in a way the law alone does not.

Scenario 3: Married with No Children

Example: You and your spouse live in Texas and have no children, but you have living parents or siblings.

Community Property

If you die without a will, and there are no descendants (children, grandchildren):

  • All community property generally goes to your surviving spouse.

Separate Property

Separate property may be split between:

  • Your spouse

  • Your parents and/or siblings

This can lead to your spouse suddenly co-owning property (like land or a family home you owned before marriage) with your parents or siblings—again, not always the outcome you’d want.

What About the Family Home in Texas?

The homestead (family home) has special protections in Texas, especially for the surviving spouse. Even if the home ends up partially owned by children or other relatives:

  • The surviving spouse often has the right to live in the home for life,

  • But ownership interests can still be split between spouse and children or other heirs.

From a practical standpoint, that can make refinancing, selling, or passing the home to the next generation much more complicated—especially when there are strained family relationships or people living in different states.

Why Relying on Texas Community Property Rules Can Be Risky

Many married couples in Prosper assume:

“If something happens, my spouse just gets everything.”

But as you can see, the real answer depends on:

  • Whether your property is community or separate

  • Whether you have children from prior relationships

  • Whether your parents or siblings are still living

  • Whether you own a business, rental properties, or inherited land

Relying on default Texas law often results in:

  • Unintended co-ownership between a surviving spouse and children

  • Family conflict between a new spouse and adult children from a prior relationship

  • Court involvement to manage property for minor children

  • Delays and higher costs in probate

A customized estate plan puts you back in control of who inherits what, when, and how.

How a Will (or Trust) Simplifies Things for Married Couples

A properly drafted Texas will or revocable living trust allows you to:

  • Decide exactly who inherits your share of community property

  • Protect a surviving spouse while still providing for children

  • Plan specifically for blended families

  • Keep your family out of unnecessary conflict

  • Coordinate beneficiary designations on retirement accounts and life insurance

For many of my Prosper clients, we also include:

  • Powers of attorney (financial and medical)

  • HIPAA releases

  • Guardian designations for minor children

All of this works together to give you and your spouse peace of mind.

Do You Need to Update Your Plan After Moving to Texas?

If you:

  • Recently moved to Prosper, Frisco, McKinney, Plano, or the DFW area from another state, your old will or trust may not fully align with Texas community property rules.

It’s a good idea to have a Texas estate planning attorney review your existing documents and your current assets to make sure your wishes will actually be carried out here.

Next Step: Talk to a Prosper Estate Planning Attorney

Understanding who inherits when you’re married in a Texas community property system is a powerful first step. But every family is different, and the law can’t automatically account for your values, your relationships, and your goals.

If you’re:

  • Married and own a home in or around Prosper

  • In a blended family

  • Unsure whether your spouse would be fully protected

  • Relying on an old will or no plan at all

…it’s time to have a calm, caring conversation about your estate plan.

 

Law Office of Janelle Creme – Estate Planning for Prosper and North Texas
We help families in Prosper, Celina, Frisco, McKinney, Plano, and throughout North Texas create clear, Texas-specific plans that protect the people they love.

👉 Contact us today to schedule a consultation and find out how Texas community property laws apply to your unique situation.