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.
The flexibility offered by co-ownership of properties can cater to various needs and preferences. Joint property ownership typically requires all owners to have similar needs and wants, limiting customisation.
Co-ownership is when an asset such as a home is jointly owned by two or more parties. In this arrangement, all owners are listed on the asset's title, signifying that each holds a specific percentage of ownership.
Joint Ownership with Right of Survivorship. If property is jointly owned and the owners have signed a survivorship agreement, the surviving owner will automatically inherit the deceased owner's share. This is commonly done for marital homes.
Control Issues. Since every owner has a co-equal share of the asset, any decision must be mutual. You might not be able to sell or mortgage a home if your co-owner does not agree. Creditor Issues. If a co-owner has outstanding debts, their creditors could seize an interest in your home or bank account.
There are different types of co-ownership, including tenancy in common, joint ownership, community property and tenancy by the entirety.
Texas law presumes that if two non-spouses are named as co-owners, and nothing more is said, they are tenants-in-common (Est. Code Sec. 101.002). This means they each person owns an undivided one-half interest in the property but there is no automatic right of survivorship.
Co-ownership, particularly models like fractional ownership, tends to provide more tailored experiences that align with individual preferences and lifestyles. Joint property ownership, on the other hand, requires complete alignment among all owners.
The Living Together section of Nolo also discusses various forms of contracts for unmarried people who want to share ownership of property. Also, because your shared home represents a major economic investment, you should hire a lawyer to help you prepare an agreement that meets your needs.
Joint account A joint owner or co-owner means that both owners have the same access to the account. As an owner of the account, both co-owners can deposit, withdraw, or close the account. You most likely want to reserve this for someone with whom you already have a financial relationship, such as a family member.