Does a Transfer on Death deed interfere with spouse’s homestead right?

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I was recently asked a specific question as to how the Transfer on Death deed affects the spouses homestead rights.

Example: A party is married and they execute a transfer on death deed to their children on their separate property which is their homestead.

The deed would not displace the spouse at death because the homestead right is attached to the separate property and community property. Therefore, while the children might own the property upon their parent’s death, the spouse has the right to live in the house.


3 thoughts on “Does a Transfer on Death deed interfere with spouse’s homestead right?

    What is a Lady Bird Deed? | Texas Law Today said:
    June 20, 2013 at 3:48 pm

    […] For a look at how this deed affects your living spouses homestead right, click HERE! […]

    Donna Wall said:
    August 18, 2014 at 4:16 am

    I & my siblings were named in our Father’s lady bird deed. Can any of us sale our part without the knowledge or consent of the other siblings? I want everyone to agree and be informed to avoid unpleasantness. Do we all present a death certificate to have the property deed transferred to us jointly?

      patriciabcole responded:
      September 30, 2014 at 3:25 pm

      The property transferred upon death and you each own a % interest in the property already. You would need the consent of all siblings.

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