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Texas Tenants by the Entirety

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  • Texas Tenants by the Entirety

    My step-father passed away rather quickly without a will. Now my step-brothers are trying to cash in on her house. The house was built in 2005 and the completed loan agreement and sales paperwork stated the property was to be titled as Tenants by the Entirety. I found this information but the attorneys say that Tenants by the Entirety does not apply to Texas. Is this true? If not what do we do next so she can retain full ownership of her home.
    Any advice would be fabulous.

  • #2
    Your attorney is right, Tenancy by Entirety is not applicable to Texas.

    Tenancy by Entirety is similar to Joint Tenancy - more so than Tenants in Common. In your situation I think one can assume that it was the intention of the parties to create a Joint Tenancy situation which means that your mother would take full title.

    You should consult with an estate attorney.

    Hope this helps,

    @ Buying a House and Saving Money LLC
    (see our Free Home Buying Tips Guide)