by Kristen Ishihara and Chris Parker with Ishihara & Parker Law Firm PLLC

Today, we want to clear up a very common and often confusing topic — how real property (like land or a home) passes when someone dies, especially when there are multiple names on the deed. Many people assume that if their name is on the deed, they automatically inherit the property when the other owner passes away. But in Texas, that’s not how it works.

How Property Ownership Works in Texas

Let’s say Mom buys a home and puts your name on the deed because she wants you to have it when she passes. You might assume that when she dies, you’ll automatically own the home outright. Unfortunately, that’s not true under Texas law.

In Texas, when two or more people own property together — unless something specific is done — they own it as tenants in common. That means each person’s share passes through their estate plan (whether that’s a will, trust, or through intestate succession if there’s no plan) at their death.

So, in our example, you and Mom each own 50%. When Mom passes, her 50% goes according to her estate plan — maybe to all of her children equally — not automatically to you.

The Problem With Assuming “Survivorship” Rights

Unlike some states, Texas does not automatically grant “rights of survivorship” on real property. Unless you’ve taken proactive steps to create that kind of arrangement, ownership does not simply transfer to the surviving owner.

This misunderstanding often causes serious complications — especially in blended families.

For example, let’s say a husband owns a home before marriage. Wanting to make his new wife feel comfortable, he adds her to the deed as a co-owner. Now, they each own half as separate property. If she passes away unexpectedly, her half doesn’t go back to him — it goes to her biological children. We’ve seen this exact situation surprise many families.

Community Property, Gifts, and Mortgages

Texas also has complex community and separate property laws. Even if you add your spouse’s name to the deed, that doesn’t automatically make the property “community property.” If the transfer was a gift, it remains separate property.

Another common scenario involves mortgages. Sometimes, a parent co-signs on a child’s mortgage to help them qualify for the loan. That means the parent’s name ends up on both the mortgage and the deed — giving them an ownership interest, even if they never intended to own the home.

In that case, the parent needs to update their will to specify that their ownership interest goes back to the child at their death. Otherwise, that share could be divided among all heirs, creating confusion and potential conflict later on.

Why Proper Estate Planning Matters

If your name is on the property deed, you need an estate plan — most likely a will or trust — to make sure your share goes where you want it to. And remember: that will must be probated after your death for the property to officially transfer.

If the property is already paid off, you might be able to fix ownership issues through a deed transfer or gift while you’re still living. But if there’s still a mortgage, your options are limited until it’s paid.

The key takeaway? Always ask yourself:

• How do I currently own this property?
• Who do I want it to go to when I die?
• Have I taken the legal steps to make that happen?

People often forget about properties they co-own with family members or ones tied to older loans. But those are still part of your estate — and they need to be planned for properly.

Take Control of Your Property Plan

Don’t assume joint ownership guarantees the property will pass to the surviving owner. In Texas, it won’t — unless you take proactive steps.

Real property is often one of your largest assets, so it’s worth taking the time (and cost) to make sure it passes correctly. Especially in blended families or complex ownership situations, a clear estate plan can save your loved ones from conflict, delay, and expense later on.

As Chris often says, “If you don’t plan ahead, you’re counting on your family to give property or money back after your death — and nine times out of ten, that just doesn’t happen.”

So, make sure your plan is in place, your ownership is clear, and your property passes the way you want it to.

Ready to review your estate plan?
At Ishihara & Parker Law Firm, we help Texas families protect their property and avoid costly mistakes. Contact us today to schedule a consultation and ensure your plan reflects your wishes.

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