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In Texas, if you are NOT spouses but you have a homestead with another person, can you con…

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In Texas, if you are...
In Texas, if you are NOT spouses but you have a homestead with another person, can you convey the property to someone else without the other person's signature? Family code only address spouses of homestead but TX constitution says "claimant or owner" cannot convey. please clarify thanks
Submitted: 3 years ago.Category: Real Estate Law
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5/29/2015
Real Estate Lawyer: Lucy, Esq., Lawyer replied 3 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
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Hi,

My name is ***** ***** I'd be happy to answer your questions today.
A person could convey HIS INTEREST in a homesteaded property to a third party. He could not transfer the entire property without the consent of the other homeowner. The law that you're talking about is designed so that one spouse who owns a house outright cannot unilaterally render the other homeless - it doesn't apply to non-spouses.
The transfer would destroy any joint tenancy that existed, and the individuals involved would instead own the property as tenants in common. That means there's no right of survivorship if one of the owners passes away.
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
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