Texas Occupations Code 1201.213 – Eligibility to Sign Right of Survivorship Agreement
(a) A person is eligible to sign a right of survivorship agreement under this subchapter if the person:
(1) is married and the spouse of the signing person is the only other party to the agreement;
(2) is unmarried and attests to that unmarried status by affidavit; or
(3) is married and provides the department with an affidavit from the signing person’s spouse that attests that the signing person’s interest in the manufactured home is the signing person’s separate property.
(b) If the statement of ownership is being issued in connection with the sale of the home, the seller is not eligible to sign a right of survivorship agreement under this subchapter unless the seller is the child, grandchild, parent, grandparent, or sibling of each other person signing the agreement. A family relationship required by this subsection may be a relationship established by adoption.
Terms Used In Texas Occupations Code 1201.213
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.