Texas and Joint Tenancy

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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