In Texas, the deed is prepared by a Texas Real Estate Attorney and not the local escrow office: the attorney will be able to best advise you on the type of ownership – sole or co – to take. Types of each include:
- A man or woman who is not married.
- An unmarried man/woman (a man or woman, who having been married, is legally divorced)
- A married man/woman, as his/her sole and separate property
- Community Property
- Joint Tenancy
- Tenancy in Common
Keep in mind that Texas law makes assumptions about how married couples and joint owners will hold title to real estate and creates default classification based on those assumptions. If you want to change these classifications, you may do so by written agreement. These agreements are signed by all owners to express each owner’s intent to hold title in a specific way.
Lastly, if you are considering having the property you are purchasing placed in a Trust, Living Trust, LLC, or any type co-ownership / joint tenancy, it is best to consult an attorney prior to closing. Your Owners Title Policy’s insurability is not based upon the specific type of vesting but the individual listed on the recorded documents.
This article is part of the Home Buyer Guide.