Can a Spouse Claim Part of Jointly Owned Property if There is No Will?

Full question:

I live in tx. I purchased 1 property with a man under both names but different last names. we moved in together on said property. he died leaving no will & now i found out he was married when we purchase property & his spouse is hindering the sale of property by claim of inheritance.I didnt know he was married & dont believe the spouse should have rights to property. does she? If she does, isnt she half responsible for the unpaid lien on the property? it seems that the bank who holds the loan is the hold up. They are assuming the spouse has rights but i believe there are circumstances involved that make their assumption incorrect.

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Texas

Answer:

The answer will depend mainly on how you were named jointly on the deed, whether it was held as tenants in common or joint tenants with survivorship rights. If you held the property as tenants in common, it is possible for a spouse to have intestacy rights to assets when a person dies without a will. Also, the names on the mortgage loan will govern who is obligated to repay the loan. If he was also named on the loan, his estate may be liable to pay for some of the debt.

Joint tenancy is a form of ownership by two or more individuals together. It differs from other types of co-ownership in that the surviving joint tenant immediately becomes the owner of the whole property upon the death of the other joint tenant. State law, which varies by state, controls the creation of a joint tenancy in both real and personal property. Joint tenancy property passes outside of probate, however, it may be severed so that the property becomes part of one person's estate and passes to that person's heirs. A joint tenancy between a husband and wife is sometimes known as a tenancy by the entirety. Tenancy by the entirety has some characteristics different than other joint tenancies, such as the inability of one joint tenant to sever the ownership and differences in tax treatment. In some jurisdictions, to create a tenancy by the entirety the parties must specify in the deed that the property is being conveyed to the couple "as tenants by the entirety," while in others, a conveyance to a married couple is presumed to create a tenancy by the entirety unless the deed specifies otherwise. Each joint tenant has an equal, undivided interest in the whole property. All joint tenants, and their spouses, must sign deeds and contracts to transfer or sell real estate. A joint tenant may convey his or her interest to a third party, depending on applicable state law. This conversion would in effect terminate the joint tenancy and create a tenancy in common.

Tenants in common hold title to real or personal property so that each has an "undivided interest" in the property and all have an equal right to use the property. Tenants in common each own a portion of the property, which may be unequal, but have the right to possess the entire property. There is no "right of survivorship" if one of the tenants in common dies, and each interest may be separately sold, mortgaged or willed to another. A tenancy in common interest is distinguished from a joint tenancy interest, which passes automatically to the survivor. Upon the death of a tenant in common there must be a court supervised administration of the estate of the deceased to transfer the interest in the tenancy in common.

In the case of a life tenant who holds a life estate, when the life tenant dies, their interest may pass to the remaindermen. Title may also return to the person giving or deeding the property or to his/her surviving children or descendants upon the death of the life tenant--this is called "reversion."