It seems the debt is community and the community estate is responsible. There really is not a splitting just because of a death. Even the OPs separate property can be taken for the debt as I assume it was obtained during the marriage. The house is the security which is why Mr.Knowitall asked the question he did. Without all the facts, the particular question cannot be answered as the whole of the situation and why it matters is important. But, if one wanted to do what is "fair" or equitable, the asset that secures the debt is the portion that should be responsible for the debt. I suspect the OP is not intending to sell and does not particularly like the implications of the question.
thank you all for your answers. 1/2 of the estate is going to his children from his first marriage. I have assummed the mortgage balance on the property along with the property. But the equity line still has a balance on it with the property as the secured asset. the HELOC was run up with personal items purchased by deceased spouse during the marriage. So I guess bottom line that I was wondering about was does the HELOC go with the property, or is it a community debt to which both spouse's estates owe 1/2. thank you so much!!!
You need to run this with the lawyer, you still have not indicated enough information. We can only guess. If the house was community property, it matters not what the will states. The house is the husband's. While you may be able to collect something from the estate be known that that means nothing to the lender. If the husband signed the loan, the bank can come after him as if he was the only person involved in the transaction. Where the money was spent after it was borrowed is largely immaterial.