Hartman v. Thomas

Citations

• 37 Tex. 90

Syllabus

<p>A surviving husband may, after the death of his wife, dispose of his community interest in the homestead, regardless of the children of the marriage ; and it is immaterial that the property has continued to be the homestead after the death of the wife, and that the children of the marriage are minors. A purchaser from such surviving husband becomes a tenant in common with the children who inherited their mother’s community interest; and the right of such purchaser to a partition of the property cannot be postponed until the children become of age, or acquire homesteads of their own. But the purchaser may abstain from requiring a partition, and proceed for half of the rents and profits.</p>