Montgomery County Revocation of Community Property Survivorship Agreement Form

A community property survivorship agreement is not permanent. Spouses whose plans change can end the arrangement, returning the property to plain community property, where each spouse's interest passes by will or intestacy rather than automatically to the survivor. This form prepares the written revocation Section 112.054 of the Texas Estates Code describes.

Two Statutory Paths

Where the agreement itself states a revocation method, that method controls. Where it does not, Section 112.054 supplies two: a written instrument signed by both spouses, or a written instrument signed by one spouse and delivered to the other. The form accommodates both. When both spouses join, both sign and the delivery line is marked not applicable, as the completed example shows. When one spouse acts alone, that spouse signs and the form records the date the written revocation was delivered to the other spouse.

Why the Revocation Belongs in the County Records

Recording matters most where the original agreement was recorded. The Estates Code protects a purchaser who deals with the surviving spouse without notice that the agreement was revoked, so a revocation kept off the record leaves the county records telling an outdated story, with real consequences for who takes good title. Recording the revocation in the same county as the agreement keeps the record aligned with the spouses' actual arrangement. The form carries notary certificates so it is ready for recording.

What the Form Asks For

The revocation identifies both spouses, the agreement being revoked by its date and recording reference, and the property by county and formal legal description, matching the original instruments. The guide shows where each entry comes from, and the completed example documents a finished revocation of a recorded agreement.

The Survivorship Deed Connection

Spouses who recorded a transfer on death deed drafted around their survivorship agreement are changing the foundation that deed recites when they revoke the agreement. The guide describes how the recorded instruments interact so the whole arrangement, not just one piece, reflects current intentions.

What Is Included

• The blank form as a fillable PDF, completed on screen or printed and completed by hand
• A plain language guide that walks through every numbered section: what each blank asks, where the information comes from, and what a correct entry looks like
• A completed example showing the entire document filled in for a realistic Texas fact pattern

The document is formatted for Texas recording standards: letter size pages within the dimensions of Local Government Code Section 191.007, body text well above the 8 point minimum, the notice of confidentiality rights required by Property Code Section 11.008 in 12 point boldfaced capitals at the top of the first page, and reserved space on page one for the county clerk's recording stamp. A non-recorded instructions page, removed before recording, describes how an entry that outgrows its space continues on a recorded exhibit page, so the printed instrument stays free of worksheet style captions.

Related Texas Forms

This form pairs with the Texas Community Property Survivorship Agreement. Spouses returning to plain community property who still want nonprobate transfers often look to the Texas Transfer on Death Deed (Individual), under which each spouse executes a deed naming the other.