Joint Tenants Form A Restriction In Houston
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Joint Tenancies In Texas Unlike most states Texas does not automatically recognize joint tenancies as having a right of survivorship. Instead the parties must agree, in writing, to include a right of survivorship. Contact our offices to discuss your situation with our experienced real estate attorneys.
Survivorship Agreements Texas law does not include a presumption of survivorship. In order for survivorship rights to apply to jointly-owned property, the owners must execute a written agreement covering survivorship rights. This must be filed with the county.
For example, if two unmarried partners make equal contributions toward purchasing a inium and they choose to hold title as joint tenants, the surviving joint tenant will automatically become the sole and separate owner of the inium after the first joint tenant dies.
Your local clerk's office: The county or municipal clerk can pull historical property records to look for any restrictions. You may be able to search public property records on the clerk's website as well. The local planning department that initially approved the community's development may also have the information.
An Affidavit of Survivorship is a sworn statement signed by the surviving owner to verify that the co-owner of the property has passed, and that the property has passed to the surviving owner.
Question #3: How do I get a copy of my deed restrictions? Answer #3: For most people living in the City of Houston, their property is located in Harris County. Please contact the Harris County Clerk's Office at 713.755. 6405 to request a copy.
Joint tenancy is most common among married couples because it helps property owners avoid probate. Without joint tenancy, a spouse would have to wait for their partner's Last Will to go through a legal review process—which can take months or even years.
Pursuant to Chapter 212 of the Texas Local Government Code and Article XV of Chapter 10, Sections 10-551 through 10-555, of the City of Houston Code of Ordinances, the City is authorized to enforce, by suit for injunction, certain restrictions that affect subdivisions within the City.
Cons. Disregarding a will or owner's heirs: Owners can't will their ownership share to their heirs. When owners die, their share of the home immediately passes on to their co-owner or co-owners. If you want to pass your portion of a home to a child, you'll need a different form of ownership.
Question #3: How do I get a copy of my deed restrictions? Answer #3: For most people living in the City of Houston, their property is located in Harris County. Please contact the Harris County Clerk's Office at 713.755. 6405 to request a copy.