Although used frequently in other states, a joint tenancy with right of survivorship is still a new and rather uncommon mode of holding title to real estate in Texas. It is a vehicle primarily used to avoid probate complications and expense upon the death of a co-owner. Under a joint tenancy, title to the property interest of a deceased owner automatically transfers to the surviving co-owner, without the necessity of filing a probate action in the probate courts. The Texas statutes are not as clear about the process required to substantiate a joint tenancy as one might like, causing some initial concern among title companies. However, their use and acceptance have recently grown to the extent that they are now a recognized form of ownership in Texas.
Documents to be prepared for you: "Follow-Through" Instructions, Deed, Joint Tenancy Agreement and Related Affidavit.
If you would like to proceed, please click here!
The following questions should be answered in order for us to prepare correct and enforceable documents:
Property Zip Code:
A property is legally described not by an address but the lot/block in a platted subdivision, or by "Metes and Bounds" in unplatted parcels.
Property is indexed and recorded in the public records only by the legal description, so this information is usually important in all enforceable real estate documents.
the City of
If property is not in a lot/block subdivision, but surveyed by "METES and BOUNDS", please locate the metes and bounds description on the back of your existing deed and either fax
it to us at 817.737.7201 or upload at the bottom of this questionnaire. If you are unable to locate the legal description, check the box below.
Unable to locate legal description
Are the two Owners married to each other?
OPTIONAL: Upload files to help the TLD staff create your documents.
The firm’s attorneys, Jeffrey A. Rattikin and Jack Rattikin, Jr., are both Board-Certified in Residential Real Estate Law by the Texas Board of Legal Specialization.