Legal Question in Real Estate Law in Texas

Real Estate Co-Tenancy

My sister and I own & live in a house together in Texas, bought it from my mother’s estate, it is paid for. Title was transferred from the estate to both of us through Special General Warranty Deed. Are we co-tenants, co-owners, tenants in common, or what? Where can I learn about my rights as far as my half goes?

Thank you.


Asked on 9/22/07, 6:40 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Real Estate Co-Tenancy

You each own an undivided 1/2 interest of the whole. You are co-owners and are probably not joint tenants unless your deed contains survivorship language. Unless you are subject to a survivorship interest, your share is sellable without the other's consent. However, whoever buys that interest will then co-own the property with the sister.

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Answered on 9/22/07, 6:44 pm


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