Closing Property Title For Married Couple In Houston
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Texas laws favor the surviving spouse inheriting the estate, but she may not always inherit the entire estate. This is because Texas laws distinguish property between separate and 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.
By default, under the Texas Constitution, a married couple is assumed to own real property purchased during the marriage as community property without rights of survivorship. This makes them tenants in common, each owning one-half separately, rather than joint owners with rights of survivorship.
The process to add your spouse to your property title takes a few simple steps: New General Warranty Deed. Have a new General Warranty Deed prepared. Sign and notarize the deed. File the deed. Mail or take the original, signed and notarized, deed to the county clerk's office for recording.
Texas does not care how a married couple takes title to the property–whether they put a house, bank account, or car in one spouse's name, or both. The general rule is a presumption in favor of community property.
While not required, adding your new spouse to your deed is a straightforward process that may be advantageous.
If you're set on buying a house without your spouse's name on the deed, you'll need to rustle up a sole ownership agreement faster than a jackrabbit on a date. This legal document clarifies that the home is your separate property, and it's as essential as having a good fence on your property.
For instance, if you're married, the most common way to title your home is Tenancy by the Entirety (TBE). That endows survivorship rights, some creditor protection, and allows for transfers only with the consent of both spouses.
Tenancy by the entirety refers to a form of shared property ownership that is usually reserved only for married couples. A tenancy by the entirety permits spouses to jointly own property as a single legal entity. This means that each spouse has an equal and undivided interest in the property.
