Posted on: 06th Oct, 2011 06:37 pm
My boyfriend and I filed a home in Grayson County as joint tenancy with rights of survivership. He passed away and I want to sell the home. Do I have to put it in my name before I sell it. It is paid for.
hi littl?
In most states when the grantees of a deed are stated to be "Husband and Wife" a "TENANCY BY THE ENTIRETY" is created. In Texas "Husband and Wife" merely created community property. And does not necessarily do that if the grantor is one of the spouses and the deed does not declare and acknowledge the property to be community property with a notice of the effect of the document required by Texas Family Code.
Utilizing both the identification of the grantees as "Husband and Wife" and declaration and acknowledgment of the property as "COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP" provides the clarity needed.
:idea:
In most states when the grantees of a deed are stated to be "Husband and Wife" a "TENANCY BY THE ENTIRETY" is created. In Texas "Husband and Wife" merely created community property. And does not necessarily do that if the grantor is one of the spouses and the deed does not declare and acknowledge the property to be community property with a notice of the effect of the document required by Texas Family Code.
Utilizing both the identification of the grantees as "Husband and Wife" and declaration and acknowledgment of the property as "COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP" provides the clarity needed.
:idea: