Texas Separate Property

In California, most married couples hold real property (such as land and buildings) as joint tenants with right of survivorship.For instance, many married couples share real property as joint tenants. This way, upon the death of a spouse, the surviving spouse will own 100% share of the property.

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.

For example, joint tenants must all take title simultaneously from the same deed while tenants in common can come into ownership at different times. Another difference is that joint tenants all own equal shares of the property, proportionate to the number of joint tenants involved.

LAND PARTITIONS IN TEXAS It is possible to separate an undivided interest in land through what is known as the land partition. Through a partition, co-ownership is converted into sole ownership and therefore one person gives up their common interest for a separate interest.

An interspousal transfer deed, technically called an interspousal transfer grant deed, is a legal document used to give sole ownership of shared property, like a house, to one person in a marriage. Interspousal transfer deeds are commonly employed in divorce cases to transfer community property to one spouse.

In estate law, joint tenancy is a special form of ownership by two or more persons of the same property. The individuals, who are called joint tenants, share equal ownership of the property and have the equal, undivided right to keep or dispose of the property. Joint tenancy creates a Right of Survivorship.

On its face, an interspousal transfer grant deed or quitclaim deed between spouses involves one spouse foregoing or waiving any future interest he or she may have in the residence.

One of the main differences between the two types of shared ownership is what happens to the property when one of the owners dies. When a property is owned by joint tenants with survivorship, the interest of a deceased owner automatically gets transferred to the remaining surviving owners.

If you look at the registered title to your own jointly owned property and the text isn't shown on it, you own it as joint tenants. If it is there, you own it as tenants-in-common.