Joint Names On Deed

Question: I purchased a property in Houston last year when I was single. I got married recently, and I want to get the property title and mortgage in joint names. We'd appreciate if you please let us know where we need to start from? Who can help us? How much does this cost?

Answer: Please review my previous blog titled "Adding Your Spouse to a Deed" (found below) which is basically the same question. If you have any further questions that reply does not address, please let us know.

Spousal Survivorship

Question: How would you Title a home in Texas if you are married and each spouse has two children and you want to leave your share of the house to your children but want your spouse to be able to stay in the house until death or wants to sell. At which time the proceeds and equity would be split evenly 1/2 to the surviving spouse and the other half that would have gone to the other spouse would be split between the two children of the dead spouse.

Answer: Since your question is how to title a house in Texas to obtain the result you want upon death of the spouses, each of whom have two children who are not the children of the other spouse, here is the answer. If the property is community, which the law assumes when married persons buy property, you would simply take title as Husband (name) and Wife (name). The following illustration assumes that the spouses die intestate, that is, without leaving a written will or other testamentary disposition.

Upon death of the first spouse, assuming (for illustration purposes) that the husband dies first, his undivided 1/2 interest in the property would pass to his children and not the surviving spouse under Section 45(b) of the Probate Code. The surviving spouse would retain her undivided 1/2 interest and would be entitled to occupy the entire property as a homestead for life, free from partition, under the Texas Constitution, Article 16, Sec. 52. If sold voluntarily during her lifetime, she would receive 1/2 the proceeds and the deceased husband's two children would receive 1/4 each. If not sold, upon death of the surviving spouse, her 1/2 interest would then pass to her respective children, 1/4 each, under the same code provision.

While this is the legal result, for obvious reasons it is not desirable under most circumstances. I recommend a comprehensive estate plan such as a will or trust to gain more flexibility and control over the situation. Consult your attorney accordingly.