Get Employment Separation Certificate

In Texas, a married couple can agree in writing that all or part of their community property will go to the surviving spouse when one person dies. This is called a right of survivorship agreement. The right of survivorship agreement must be filed with the county court records where the couple lives.

On death the death of one spouse, a couple's community property is divided equally. The surviving spouse gets to keep his or her half. The deceased spouse's half is transferred through his or her will or, if there is no will, as provided in the Texas intestacy statutes.

Even if you have a Will, once you sign the Survivorship Agreement, the property will pass to you co-owner and not to any devisee you have named in your Will. Good to know: Generally, when a property owner dies without a Last Will and Testament, the interest owned by the deceased owner passes to his or her heirs-at-law.

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.

Property can be owned by one or more persons. The two common ways in which parties co-own a piece of property are joint tenancy and tenancy in common. In Texas, spouses also can own community property.

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.

Legal Issues Texas law recognizes three forms of cotenancy: community property, joint tenants with the right of survivor- ship (JTWS), and tenants in common (TIC).

If the wife's name is not on the deed, it doesn't matter. It's still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.

Can you get a home loan without your spouse? You can purchase a home and be the only person financially obligated. Your name can be the only person on the loan. However in Texas, your spouse will still be required to sign the security instrument at closing because Texas is a community property state.

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.