deed question

[carmencjones]

What is the name of your state? Texas

I own a home in Texas and have lived with a boyfriend in that house for some time. I want to make my boyfriend a joint tenant with right of survivorship. Would I have to transfer half-ownership on the deed or can we just file a document to state that my boyfriend is joint tenant? And if he is a joint tenant only, does he own half the property without adding his name to the deed?

Thank you

 

[JETX]

"I want to make my boyfriend a joint tenant with right of survivorship."
*** WHY??
First, do NOT do it. If you are seriously considering doing this, go immediately to a local hospital and get a brainscan!!!


Seriously, this is one of the WORST things you can ever do to yourself!! While all might be honey and roses right now (and we hope it stays that way), it may not. And if that happens, you will regret this action forever!!! There are lots of posts on this forum (and even more in the courts) where a relationship has gone sour and the original owner is trying to get the property back from their 'significant other'.

If you really, really want him to own or have possession of the property upon your death (rights of survivor), put it in a will.

 

[HomeGuru]

Where there's a will, there's a way.

 

[anabanana]

Why not just get hitched??

There is a whole tried system of laws to protect the property rights of people who get married and a lot of HOLES for those who don't!

If you want to do BOTH of you a favor, get hitched and get the immediate protections and obligations--for both of you-- of those laws.

Honey and roses may fade indeed. Never a truer thing said, sister. Listen to the man (JETX, I mean, not YOUR man...) and don't do such a silly thing to yourself.


ana

 

[carmencjones]

deed question revisited

So if we get married, how do I do a joint tenancy? Is the deed amended? And, in a joint tenancy if there is a divorce, does the spouse get half the value of the property? I guess I just need a definition of joint tenancy. I know that if I die, my joint tenant keeps the house without any of my heirs being able to claim half of it. But what about a divorce? Hate to sound so ignorant but I need to know how this is done.

 

[JETX]

"So if we get married, how do I do a joint tenancy?"
*** You can do it simply by going down to your county clerks office and filing a new title document. But, WHY??? The property is yours and since you owned it pre-marriage, it is exempt from community property. Why do you seem to insist on giving him HALF of your property??? There is simply no good, logical reason to do that.

"Is the deed amended?"
*** See above.

"And, in a joint tenancy if there is a divorce, does the spouse get half the value of the property?"
*** Yes. The MINUTE that you sign and notarize the deed, he has the right to demand and get half of the property value. Even if he hasn't paid a nickle!!

"I guess I just need a definition of joint tenancy. I know that if I die, my joint tenant keeps the house without any of my heirs being able to claim half of it. "
*** JTROS (Joint Tenancy Rights of Survivor) simply means that each named person owns an equal share of the property.... then when one dies, that person share is immediately given to the other (making the survivor 100% owner). However, if your intent is to simply give him the property on your death, that can be done much more simply and safely by making a will and stating your wishes.

"But what about a divorce? Hate to sound so ignorant but I need to know how this is done."
*** In a divorce, he owns half of the property.... the half you gave him. And he would have equal demand to the property. This means that the court could grant him ALL of your house (and you to be compensated half of its value), or you could get the house and compensate him. Or the court could order the house sold and split the proceeds. Heck, there is even a case on this forum where an ex-boyfriend deeded his half to his new girlfriend!!! How would that make you feel???

Love is blind, but don't let it blind you.