Joint tenancy of real estate in Texas?

The original property was passed down to two brothers who jointly owned the property. "One" brother had one child (his child is now deceased) and the "second" brother has four children. The "second" brother has already given his half interest of the property to his four children and they now own the property with the "one" brother. The fear is that when the "one" brother dies his wife may or may not leave their half of the family property to the surviving 4 heirs of the "second" brother. Is there any Real estate laws in Texas to ensure a way for the family property to remain with the family?

This answer is from a general point of view, you should seek the advice of a lawyer in you area for specific details.

First, joint tenancy does not give one brother half interest and the other brother half interest. If the brothers own the property in joint tenancy, then the property will pass to which ever brother survives the other. If the brother with no surviving children outlives the brother with four children, then the property will be wholy owned by that brother and the other brother's children will have no right to it. It is not possible to convey, or give away a half interest in a joint tenacy unless both owners agree, and, if they agree, the property would have to pass by deed from both brothers to the first brother and the other brother's four children. If they want to make sure the property stays in the family and doesn't pass to the first brother's wife, the tenancy should remain in joint tenancy between the brother and the four children.

If, on the other hand, the tenacy is in common, then the second brother could convey his half interest to the children, who would each own an eighth of the property and only the first brother's half interest would pass to his wife. If that is the situation, the wife could do anything she wanted with her share, but nothing would likely happen. Most buyers won't buy a partial interst in property because they would not have an exclusive right of possession, nor would any bank grant a mortgage on the property. Remember that in a tenancy in common, the property is not divided, but the interest in the property is divided. In a joint tenancy, the property is not divided, nor is the interest, even though there is more than one owner. Each owner owns the property 100% with the other owner(s).

You have no rights to the half that belongs to the "one brother". As long as he leaves the property to his wife, it is hers to give or keep. Why should she leave it to the four heirs? Your only option is to try to purchase it from the wife or convince her to give it to you. I work for a title company in Kansas by the way. Our laws are very similar to Texas.

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