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

names, but one dies, should...
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?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: This is Texas.
JA: Has any paperwork been filed?
Customer: What kind of paperwork are you referring to? The death has been reported but not to the mortgage company or the title company.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at this time.
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Answered in 1 minute by:
11/9/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,047
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.

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

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Were they married when the house was acquired?

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thanks

Barrister

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Customer reply replied 1 month 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.

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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.

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.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
Thank you.

You are very welcome. Happy to help any time.

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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.

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.

Thanks much

Barrister

Ask Your Own Real Estate Law Question

Hello again,

.

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

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Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,047
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,047
39,047 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

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