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Community Property Division: Texas
Although the exact property which is
classified as "Community Property" will differ between
individuals, the laws which govern its distribution apply to
every Texas resident who dies without a valid Will.
Spouse Receives All
If the surviving spouse is the parent of all of the deceased
spouse's children or if the deceased never had any children, the
surviving spouse receives all of the community property.
Spouse Receives One-Half
If the deceased spouse has any living children of whom the
surviving spouse is not also the parent, the surviving spouse
will only receive one-half of the community property.
Suppose that John had a child with Rachel
(his ex-wife) and then married Hannah. If John dies without a
Will, Hannah will only retain her one-half of the couple's
community property and John's child will receive the other half.
This applies without regard to John's custody of the child and
also applies even if John and Hannah have children of their own.
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