How you own your property is just as important as what you own. The way an asset is titled determines how it transfers at death — and it can override everything in your will.

Texas is a community property state, which makes understanding property titling especially important here.

Community Property. In Texas, most assets acquired during marriage are owned equally by both spouses — 50/50 — regardless of whose name is on the account or whose paycheck funded it. At death, each spouse owns their half and can leave it to anyone they choose. Community property also comes with a significant tax benefit: a full stepped-up basis for the entire asset, not just the deceased spouse's half.

Separate Property. Assets owned before marriage, or received during marriage as a gift or inheritance, are typically separate property. Each spouse owns their separate property outright and can direct it through their will.

Joint Tenancy with Right of Survivorship. When two or more people own property as joint tenants, the surviving owner(s) automatically inherit the deceased owner's share — regardless of what the will says. This can be useful for spouses, but problematic if it doesn't align with your broader estate plan.

Tenancy in Common. Each owner holds a specific percentage share that they can leave to anyone in their will. There is no automatic survivorship right.

Why does this matter for estate planning? Because a beneficiary designation or a joint tenancy agreement will always override your will. If your will says one thing but the title says another, the title wins.

Reviewing how your assets are titled — and making sure they align with your overall estate plan — is an essential step most people skip.

📌 Asset titling is one of the most overlooked areas of estate planning. Let's review your situation — reach out to schedule a consultation.