[rosebud88]

Tx. Spouse dies after 11 years . Of marriage. Spouse had property before marriage. Does husband and spouses children split property , or do the children get all property.

[AK lawyer]

Assuming no will, and no jointly owned property, it would be governed by the intestacy statute.

Texas is a community property state, which means that since the dead spouse had the property before the marriage, the property is treated like the dead spouse owned it.

Basically, the intestate share of the surviving spouse is 1/3 and the children share the rest. That's it in a nutshell.

On the other hand, if the property was part of the community estate, the children would get half.