Warranty Deed for Separate Property of One Spouse to Both Spouses as Joint Tenants - Texas 2025

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Joint tenancy is a form of co-ownership where two or more individuals share equal ownership rights to a property. Each owner has an undivided interest in the property, and if one owner passes away, their share automatically transfers to the surviving owner(s).
Generally, if you own a house before marriage, it is your separate property. The house would need to be titled in your name alone. If you add her name to the title, then it becomes a marital asset.
The community is you and your spouse. The property belongs to you both equally. Community property is: Anything you earned while married. Anything you bought with money you earned while married.
A valid transmutation requires a writing, contained in an express declaration made, joined in, consented to, or accepted by the spouse whose interest is adversely affected. (Family Code section 852(a)).
Texas is one of nine states that is a community property jurisdiction. In general, this means that any property acquired by a couple during their marriage (with a few exceptions) is equally owned by both spouses.
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Even if only one spouses name is on the deed, any property bought during the marriage is presumed to be community property, unless it was bought with separate property funds. The spouse claiming it as separate property must prove it in court.
By default, under the Texas Constitution, a married couple is assumed to own real property purchased during the marriage as community property without rights of survivorship. This makes them tenants in common, each owning one-half separately, rather than joint owners with rights of survivorship.
As a debrief, a spouses separate property consists of the following: the property owned or claimed by the spouse before marriage; the property acquired by the spouse during marriage by gift, devise, or descent; and.

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