Texas and Joint Tenancy

UPDATED: Sep 30, 2022

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Texas and Joint Tenancy

My Husband and Myself are on the Warranty Deed to our house. We have no
children. If one of us passes away, does the property automatically go to the
other one in title???

If not, what do I need to do??

A new Deed stating joint tenants with rights of survivorship???

Asked on June 30, 2017 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you own the home as joint tenants with right of survivorship (JTROS), then when one of you passes, the home instantly and automatically becomes the the sole property of the surviving "tenant" without having to go through probate--so if one of you passes, the other would get the home. If you are on the deed as tenants in common, then the "share" or "interest" of the decedent (the one who passed away) will go through the probate process and will pass according to the will (if there is one) or by the rules for intestate succession (who gets what when there is no will), which would be the surviving spouse if there are no children.
Since it is easiest/best to have it pass automatically, without going through probate (and being held up or delayed in probate), consult to a real estate attorney who can confirm how you currently own the home and, if it's not as joint tenants with right of survivorship, help you change the ownership to that form.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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