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Joint Tenancy Two or more people, including spouses, may hold title to their jointly owned real estate as joint tenants. There is a so-called “right of survivorship,” which means that when one dies, the property automatically transfers to the survivor without the necessity of probating the estate.

By default, the married couple will own the property as community property without rights of survivorship. If the couple wants to hold title as community property with right of survivorship, the couple must sign—in addition to the deed—a Community Property Survivorship Agreement.

Texas is one of nine states that is a community property jurisdiction. In general, this means that any property acquired by a couple during their marriage (with a few exceptions) is equally owned by both spouses.

In every sale transaction a title company is required to determine if the seller of the property is married. If they are married, their spouse is typically required to sign a document at closing and the document changes depending on the classification of the property as homestead or investment.

The most recognized form for a married couple is to own their home as Tenants by the Entirety. A tenancy by the entirety is ownership in real estate under the fictional assumption that a husband and wife are considered one person for legal purposes. This method of ownership conveys the property to them as one person.

In Texas, two forms of joint ownership have the right of survivorship: Joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. (The survivor must, however, live at least 120 hours longer than the deceased co-owner.

Process of transfer property from husband to wife So he explained that the Transfer of Property Act allows transfer of immovable property through gift deeds in such cases. The catch is that the property should have been registered with the local magistrate or registrar in the presence of two witnesses.

A common misconception is that the spouse is required to sign because of the Texas community property rules. It is important to understand that it is not community property rules that require a spouse to consent at closing unless the property was acquired while the spouses were married.

After the owners sign the Survivorship Agreement, they will legally be Joint Tenants with Right of Survivorship. The co-owners can sell the property at any time. A Survivorship Agreement does not prevent the owners from selling.

Control and Ownership of Separate Property The signature of both spouses is required to convey Texas homestead, even if the property used as the marital home is actually owned by only one spouse.