• Cotenancy: Unique Relationship of Co-Ownership
  • February 12, 2018
  • There are many situations where attorneys must address a client’s co-ownership issues. The basis of a cotenancy relationship is each owner’s (non-exclusive) right to use, occupy and possess each part of the property. Cotenants may not exclude other cotenant owners from possessing, using or occupying the same part or parcel. Texas law recognizes three forms of cotenancy: community property, joint tenants with the right of survivorship, and tenants in common.

    Community property is a type of co-ownership that is formed when property is acquired during marriage. The name on the deed or other title document is irrelevant. The presumption in Texas is that all property acquired during marriage is owned jointly. Also, it is a common misconception that community property automatically passes to a surviving spouse. Especially in situations where the deceased did not have a last will and testament, the property may not pass to the surviving spouse...(continue reading)