Will My Mom's Half of the House Go to Me When She Dies?

Since you are in Texas, the answer depends entirely on a few specific words written on your original deed.

In Texas, simply owning a house “50/50” doesn’t automatically mean the survivor gets the whole thing. Here is how to figure out where you stand and how to fix it if the current setup isn’t what you want.

Check the Deed

In Texas, there are two primary ways to own a home with someone else. You need to look at your deed (the document filed with the county) to see which one you have:

A. Tenants in common. If your deed just says “Jane Doe and Mary Smith” without extra language, you are likely tenants in common. If your mother passes away, her 50 percent does not go to you automatically. It goes to her heirs (through her will or state law). If she has other children or heirs, they could technically own half your house.

B. Joint tenants with right of survivorship. If the deed says “with right of survivorship,” the moment she passes, her 50 percent automatically shifts to you. You would just need to file an Affidavit of Death with the county to clear the title.

Can You Remove Her Name Now?

You cannot unilaterally remove her name because she is a legal co-owner. However, since you are her caretaker and she lives with you, you have two main options to ensure the house becomes 100 percent yours later:

• Quitclaim or gift deed. Your mother can voluntarily sign a deed transferring her 50 percent interest to you now. Since she is 84, she must be mentally of sound mind to sign this. If she has dementia, this may be legally difficult.
• Transfer-on-death (TOD) deed. This is a popular “Lady Bird deed” alternative in Texas. She keeps her 50 percent ownership while alive but names you as the automatic beneficiary upon her death. This avoids probate entirely.

The Texas “Over-65” Tax Benefit

Since you are turning 65 in May, you are about to hit a major milestone for Texas property taxes.

• The school tax ceiling. Once you turn 65, you can apply for the over-65 exemption. This “freezes” the amount you pay for school district taxes.
• The other house issue. You mentioned your mom can’t get the exemption because of her other house. In Texas, you can only have one homestead exemption. However, if she were to transfer her 50 percent of your house to you now, you could potentially claim the full 100 percent homestead exemption on the property once you turn 65.

Even though you said Medicaid is not a concern now, transferring a house can trigger a five-year lookback period. If she needs a nursing home within the next five years, the state could view the transfer of her 50 percent to you as a “gift” and penalize her.