Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

If the title to the home and mortgage is in both spouses…

If the title to...

If the title to the home and mortgage is in both spouses names, but one dies, should the other change the name on both in order to sell or bequeath the home?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

This is Texas.

Lawyer's Assistant: Has any paperwork been filed?

What kind of paperwork are you referring to? The death has been reported but not to the mortgage company or the title company.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this time.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
11/9/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,551
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Were the spouses listed as "joint tenants" or "tenants in common"?

.

Were they married when the house was acquired?

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 8 months ago
I don't have the deed, don't know if it specifies joint tenants or tenants in common, but were married when house was acquired.

Ok, then it is very likely that it was "joint tenants" as that is most common for a married couple. If that was the case, then when a spouse passed their interest would have automatically extinguished leaving the surviving spouse as the sole owner instantly without the need to do anything more. That is the purpose of a joint tenancy deed...to avoid the need for probate or any additional paperwork.

.

So you wouldn't need to do anything further if you wanted to leave it to someone in a will or sell it as the title company issuing a new deed would note in it that you became sole owner upon your spouse's passing.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 8 months ago
Thank you.

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

Ask Your Own Real Estate Law Question

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,551
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,551
42,551 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

42,551 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
My husband died in December. I need to transfer a house from
My husband died in December. I need to transfer a house from both our names to our son and his wife. … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I purchased a home before I was married. The title & the
I purchased a home before I was married. The title & the mortgage are only in my name. I was married for 5 years when my husband passed away. I am now trying to sell the house (7 years after his death… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I'm in the middle of Refinancing and the loan is going thru
I'm in the middle of Refinancing and the loan is going thru my name only but I'd like my husband on the title. We have been given a Grant Deed Preparation form, and I'm not sure what the difference is… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Hi I am in ga I file for a divorce my husband has quit claim
Hi I am in ga I file for a divorce my husband has quit claim 2 homes we bought together since we been married to people I don't know maybe one family ember without me knowing and his attorney says he'… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am in a committed relationship, but at this point do not
I am in a committed relationship, but at this point do not intend to marry. I am moving into his home and we want to place my name on the deed. There is no mortgage owed on this property. Should we cr… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My husband and I have been married for 5 years. He has two
My husband and I have been married for 5 years. He has two teenage children who live with their mom. We each had a home with a mortgage when we married, and recently purchased a home together which we… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
In 2005 my father and I signed a General Warranty Deed on a
In 2005 my father and I signed a General Warranty Deed on a home he purchased...My father passed away with the house still mortgaged. Can the bank call the mortgage due? Or does the General Warranty D… read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
My friends husband died last Sept and he had a reverse mortgage
My friends husband died last Sept and he had a reverse mortgage on his house. She has her own house and she let him have the other. She was led to believe she had a year from the time he died to get t… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,540 satisfied customers
Our home title is in both my husbands name, and my name. He
Our home title is in both my husbands name, and my name. He passed away last August. We didn't have a will made out, do I still own my house? we live in Texas… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,540 satisfied customers
Hello, my name is XXXXX XXXXX Ill be asking this question on behave
Hello, my name is XXXXX XXXXX I'll be asking this question on behave of my girlfriend. She lives in a mobilehome with her stepfather and the agreement they have is to share all the expenses that come … read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
Im not sure if I should be asking this question here or in
I'm not sure if I should be asking this question here or in Estate Law... so we'll see what happens. I have two properties that I'm currently paying the mortgages on. One is being rented out and one I… read more
clflaw
clflaw
President/Managing Partner
Juris Doctor
132 satisfied customers
My husband and I live in Bowie, Maryland. We currently own
My husband and I live in Bowie, Maryland. We currently own our home and want to ensure that when we pass away it will go to our two adult children. Can we change the existing deed to add their names?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My wife has retirement home in Arizona on her name (not joint).
My wife has retirement home in Arizona on her name (not joint). House is paid up and no mortgage. There is no will or trust. She wants to keep her home on her name only, do not want to add my name (hu… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I just sold my home and moved to Houston for work. I have owned
I just sold my home and moved to Houston for work. I have owned 8 homes and my mortgage has always been in my name only with my wife on the deed. I have owned 3 homes in Texas prior to returning. BOA … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
A man died in 1999, leaving a will which recognized his 5 children,
A man died in 1999, leaving a will which recognized his 5 children, but the only bequest in the will was his 'personal property' bequest to his wife as named. The man had owned a parcel of real estate… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
My mother died this past Sunday (mortgage/title holder since
My mother died this past Sunday (mortgage/title holder since Dad died in 1991). My adult brother has lived in the home for 20 years, and participates in both mortgage payments as well as utilities (he… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Hello,Ive been married in the state of texas for 17 years.
Hello, Ive been married in the state of texas for 17 years. My husband failed to put my name on the deed (title of ownership to our home, which was pais off in full in 1995) We are divorcing now. Do I… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I am buying a home in Florida. Only my name will be ...
I am buying a home in Florida. Only my name will be on the mortgage. Our realtor told us that Florida law requires my wife to be on the title regardless of whether she is on the mortgage. Is this true… read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x