I cosigned with my daugther on her home she bought now the the loan is in both our names. If something should happen to me, what do I need to do to leave her the house?

I cosigned a home loan with my daughter now both of us are on the deed. If something should happen to me, how do I leave her the house or would it automatically go to her anyway? I am a widow everything I own will go to her. How do I make sure that the house she is living in now, will go to her?
Darla Haygood

Asked on September 19, 2016 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you own the home as joint tenants with right of survivorship, then if anything happens to one of you, the survivor will become the sole owner automatically, without the home even going through probate.
Note that the above refers to the title of the home, not the mortgage: signing or cosigning a mortgage does not directly affect home ownership (though typically it is the owners who are on the mortgage). If the home is titled only in her name, it is her home already, even if you cosigned the mortgage; if titled only in your name, it is your home. In that latter case, make sure you will the home to her.

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