I own property with my mother who passed away. she left her 1/2 to her other children. But she was still legally married. would her husband be able to

Depending on how you and your mother held your interests in the real estate, then her spouse may or may not have any rights. It's impossible to answer without actually seeing the deed which you and your mother held the property under. If you held the deed just in your joint names, and the deed does not contain the language "as joint tenants" or "with rights of survivorship," or something very similar, then likely her interest in the property became part of her probate estate at her death. Her spouse would potentially (but not necessarily) have the right to receive a share of her interest in the property. That also depends on a number of factors. If you really want an answer to this question, you will really need to bring all relevant documents (copy of the deed, copy of your mother's Will, if she had one, and any probate court documents which may have been filed for her, etc) to an attorney who can review them and give you answers.