In the event of divorce, the court orders a „fair and correct“ distribution of the couple`s community assets. This means that a party is not automatically entitled to an equal distribution of Community property and that a court can never allocate separate property from one spouse to the other spouse. The judge must allocate the separated property to the spouse who owns it, which means that a party must prove that there is something separate ownership to put it out of the reach of the judge in a divorce case. Although this language seems simple, it is not always clear how to create the right to survival. The problem arises from the fact that Texas deeds are usually signed only by the assigning owners (concessionaires) and not by the people who receive the property (stock exchanges). Since the fellows do not sign the deed, it is not certain that they have „agreed in writing“ to retain a title with the right of reversion. Although case law indicates that the adoption of a Texas act containing a right to the survivor may be sufficient to create the „written agreement“ between the co-owners, this case law dates from the current version of the Texas statute. This ambiguity can be avoided by signing a separate survival agreement by the fellows. Another agreement, often concluded between spouses, is an agreement for the division or exchange of collective property. An article of common ownership can be divided by written agreement, so that each spouse owns a fraction of these assets as separate patrimony. By default, collective ownership does not cover survival rights. With the death of a spouse, his interest in the estate passes to his estate and not directly to the surviving spouse.
Landlords could accept the property as a common tenant using the phrase „common tenant“ or something similar on the deed. Each party – including any spouse – would have an equal interest in the property. It`s important to discuss and hopefully reconcile your expectations in a marriage. This applies no less to your marital property rights than to other personal and private matters.. . . .