Content Overview
The Texas PWD 790 form, known as the Rights of Survivorship Ownership Agreement for a Boat and/or Outboard Motor, plays a crucial role in establishing joint ownership of watercraft. This form must accompany applications for vessel registration (PWD 143) or outboard motor registration (PWD 144), along with any necessary supporting documents and fees. By signing this agreement, individuals affirm their intention to hold ownership jointly, ensuring that, upon the death of one owner, the surviving owner automatically inherits the boat or motor. This arrangement is effective immediately upon processing by the Texas Parks and Wildlife Department or a designated county office. It is important to note that any future transactions involving the boat or motor require signatures from both owners until the right of survivorship is revoked or one party passes away. The form also includes essential details about the boat and motor, such as the hull identification number (HIN) and serial numbers, along with a warning against falsifying information, which is considered a serious offense under Texas law. Additionally, the primary owner must indicate their marital status and provide the necessary documentation if the co-owner is not their spouse. Notarization of both owners' signatures is required to validate the agreement, ensuring that the rights and responsibilities associated with joint ownership are clearly established and legally recognized.
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PWD 790 – A0900 (9/03)
RIGHTS OF SURVIVORSHIP
Ownership Agreement for a Boat and/or Outboard Motor (PWD 790)
This form must be submitted with application(s) (Vessel/Boat Application-PWD 143 and/or Outboard Motor Application-
PWD 144) and any required support documents and fees for the transaction(s) requested in addition to the Rights of
Survivorship form.
We, the persons whose signatures appear below, hereby agree that the ownership of the following described boat
and/or outboard motor shall be held jointly. In the event of the death of either person, the ownership of the boat and/or
outboard motor shall belong to the survivor. This authorization creates a joint ownership which shall be effective as of
the date this form is presented and processed by either Texas Parks Wildlife Department or a participating county office.
Any future transaction, such as a sale or transfer of the item, must bear the signatures of both owners until the Right of
Survivorship is requested to be revoked or death of either party occurs.
Boat Information:
HIN or Serial #:
TX#: TX - - Year Built: Make:
Motor Information:
MIN or Serial #: HP:
TX#: M –
(if known)
- Year Built: Make:
WARNING: Falsifying information on documents is a punishable offense. Texas Penal code, Chapter 37, Section 37.10.
Any person who knowingly makes a false entry in, or false alteration of a governmental record is guilty of a felony of the
third degree punishable by confinement in jail for any term of not more than 10 years or less than 2 years and punished
by a fine not to exceed $10,000.
I HEREBY CERTIFY THAT ALL STATEMENTS IN THIS DOCUMENT ARE TRUE AND CORRECT TO THE BEST OF
MY KNOWLEDGE AND BELIEF.
Primary Owner Must Select One of the Following:
Co-Owner is the Spouse of Owner.
Primary Owner is Not Married.
Primary Owner is Married, Designating Co-Owner other than Spouse - Spouse’s Letter Releasing
Financial Interest in Vessel and/or Outboard Motor Must Be Attached.
Primary Owner’s
Signature:
Name:
Address:
City, St, Zip:
Subscribed and sworn before me
this _____ day of _________, 20____
Signature of
Notary: ______________________________________
Name of Notary: ______________________________,
__________________________ County, State of Texas.
Notary Stamp/Seal:
Co-Owner’s
Signature:
Name:
Address:
City, St, Zip:
Subscribed and sworn before me
this _____ day of _________, 20____
Signature of
Notary: ______________________________________
Name of Notary: ______________________________,
__________________________ County, State of Texas
Notary Stamp/Seal:
Texas Parks and Wildlife Department maintains the information collected through this form. With few exceptions, you are entitled to be informed about the information we
collect. Under Sections 552.021 and 552.023 of the Texas Government Code, you are also entitled to receive and review the information. Under Section 559.004, you are
also entitled to have this information corrected.
Form Specifications
| Fact Name | Details |
|---|---|
| Purpose of Form | The Texas PWD 790 form establishes joint ownership of a boat and/or outboard motor, ensuring that ownership passes to the surviving owner upon the death of one owner. |
| Submission Requirements | This form must accompany the Vessel/Boat Application (PWD 143) and/or Outboard Motor Application (PWD 144), along with any necessary supporting documents and fees. |
| Governing Law | The Rights of Survivorship is governed by Texas law, specifically under the Texas Penal Code, Chapter 37, Section 37.10, regarding the falsification of governmental records. |
| Notarization Requirement | Both owners must sign the form in the presence of a notary public to validate the agreement and ensure its legal standing. |
Texas Pwd 790: Usage Guidelines
After gathering all necessary information, you can begin filling out the Texas PWD 790 form. Ensure that you have the required details about the boat or outboard motor, as well as the personal information of both owners. Follow these steps carefully to complete the form accurately.
- Begin by entering the boat information. Fill in the following fields:
- HIN or Serial #
- TX#
- Year Built
- Make
- Next, provide the motor information. Include:
- MIN or Serial #
- HP
- TX#
- Year Built
- Make (if known)
- Indicate the primary owner's marital status by selecting one of the options provided:
- Co-Owner is the Spouse of Owner
- Primary Owner is Not Married
- Primary Owner is Married, Designating Co-Owner other than Spouse (attach Spouse’s Letter releasing financial interest)
- Both owners must sign the form in the designated areas. Ensure that you include:
- Primary Owner’s Signature
- Co-Owner’s Signature
- Fill in the names and addresses of both owners, including city, state, and zip code.
- Each owner must have their signature notarized. Leave space for the notary's signature and seal.
- Finally, certify that all statements in the document are true and correct to the best of your knowledge.
Your Questions, Answered
What is the Texas PWD 790 form?
The Texas PWD 790 form is an Ownership Agreement for a Boat and/or Outboard Motor. It establishes joint ownership of the specified vessel or motor between two parties. In the event that one owner passes away, the surviving owner automatically inherits full ownership of the boat or motor.
Who needs to fill out the PWD 790 form?
This form must be completed by individuals who wish to establish joint ownership of a boat or outboard motor. Both parties must sign the form. It is especially relevant for married couples, though it can also apply to non-married individuals who want to share ownership.
What additional documents are required when submitting the PWD 790 form?
When submitting the PWD 790 form, you must also include the Vessel/Boat Application (PWD 143) and/or the Outboard Motor Application (PWD 144). Additionally, any required support documents and fees for the transaction must be submitted along with the forms.
What happens if one of the owners dies?
If one of the owners dies, the surviving owner automatically retains full ownership of the boat or outboard motor. This transfer of ownership occurs without the need for probate or additional legal action, as long as the PWD 790 form is on file.
Can the Rights of Survivorship be revoked?
Yes, the Rights of Survivorship can be revoked. However, both owners must agree to this revocation, and it must be formally documented. Until such a revocation occurs, both owners must sign off on any future transactions involving the boat or motor.
What are the penalties for falsifying information on the PWD 790 form?
Providing false information on the PWD 790 form is a serious offense. Under Texas Penal Code, Chapter 37, Section 37.10, it is classified as a third-degree felony. This can result in a prison sentence of 2 to 10 years and a fine of up to $10,000.
Is notarization required for the PWD 790 form?
Yes, the signatures of both the primary owner and co-owner must be notarized. This adds a layer of verification to the ownership agreement and ensures that both parties have agreed to the terms outlined in the form.
Common mistakes
-
Not Providing Accurate Information: One of the most common mistakes is entering incorrect details about the boat or outboard motor. Ensure that the HIN, serial numbers, and other identifiers are accurate to avoid delays.
-
Missing Signatures: Both owners must sign the form. Omitting a signature can lead to processing issues. Double-check that all required signatures are present before submission.
-
Incorrect Owner Designation: Selecting the wrong option regarding marital status can complicate ownership. Make sure to choose the correct designation for the primary owner.
-
Failing to Attach Required Documents: If the primary owner is married but designates a co-owner other than their spouse, a letter releasing financial interest must be included. Missing this can result in rejection of the form.
-
Not Using the Latest Form: Using an outdated version of the PWD 790 form can lead to complications. Always ensure you have the most current version before filling it out.
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Ignoring Notary Requirements: The signatures must be notarized. Failing to have the document notarized can invalidate the form. Confirm that all notary sections are completed correctly.
-
Overlooking Warning About Falsification: Some individuals may not take the warning about falsifying information seriously. Remember that providing false information is a serious offense and can lead to legal consequences.
Documents used along the form
When submitting the Texas PWD 790 form, several other documents are typically required to ensure a smooth transaction. Each of these forms serves a specific purpose and helps clarify ownership and responsibilities related to the boat and/or outboard motor.
- Vessel/Boat Application (PWD 143): This application is essential for registering a boat in Texas. It collects important details about the vessel, including its identification number and ownership information. Completing this form accurately is crucial for legal ownership.
- Outboard Motor Application (PWD 144): Similar to the Vessel/Boat Application, this form is used specifically for registering outboard motors. It requires details such as the motor's serial number and horsepower, ensuring proper documentation for ownership.
- Spouse’s Letter Releasing Financial Interest: If the primary owner is married but designates a co-owner other than their spouse, this letter is necessary. It confirms that the spouse relinquishes any financial interest in the boat or motor, protecting the transaction's legality.
- Notarized Signatures: Both owners must sign the PWD 790 form in the presence of a notary. This step validates the agreement and ensures that both parties are aware of their rights and responsibilities regarding the joint ownership.
Gathering these documents alongside the Texas PWD 790 form is essential for a successful transaction. Each form plays a vital role in establishing clear ownership and protecting the rights of all parties involved.
Similar forms
The Texas PWD 790 form is similar to several other documents that deal with ownership and rights. Below is a list of seven documents that share similarities with the PWD 790 form:
- Title Application for a Boat (PWD 143) - This document is used to apply for the title of a boat, similar to how the PWD 790 establishes joint ownership for a boat.
- Outboard Motor Application (PWD 144) - Like the PWD 790, this form is necessary for registering an outboard motor, ensuring proper ownership documentation.
- Bill of Sale - A bill of sale provides proof of ownership transfer for a boat or motor, similar to how the PWD 790 confirms joint ownership rights.
- Joint Ownership Agreement - This document outlines the terms of shared ownership, much like the PWD 790 specifies rights of survivorship between co-owners.
- Power of Attorney - A power of attorney can grant one owner the authority to act on behalf of another, similar to how the PWD 790 requires signatures from both owners for transactions.
- Affidavit of Heirship - This document establishes the rightful heirs to an asset, comparable to the PWD 790’s provision for ownership transfer upon death.
- Vehicle Registration Application - This form registers a vehicle, similar to how the PWD 790 registers joint ownership of a boat or motor.
Dos and Don'ts
When filling out the Texas PWD 790 form, it’s important to approach the task with care. Here are some essential do's and don'ts to keep in mind:
- Do read the entire form carefully before starting. Understanding the requirements will help you avoid mistakes.
- Don't rush through the process. Taking your time can prevent errors that might delay your application.
- Do ensure all names and information are spelled correctly. Accurate details are crucial for processing your form smoothly.
- Don't leave any required fields blank. Missing information can lead to complications or rejection of your application.
- Do sign the form in the designated areas. Your signature is essential for validating the document.
- Don't provide false information. Misrepresentation can have serious legal consequences.
- Do keep a copy of the completed form for your records. This will be helpful for future reference.
By following these guidelines, you can navigate the completion of the Texas PWD 790 form with confidence. Remember, attention to detail is key to ensuring a smooth application process.
Misconceptions
Understanding the Texas PWD 790 form is crucial for individuals seeking to establish joint ownership of a boat or outboard motor. However, several misconceptions exist regarding this form. Below are six common misconceptions and their explanations.
- The PWD 790 form is only for married couples. This is not accurate. While one option on the form is for co-owners who are spouses, it also accommodates other ownership arrangements. Individuals can designate co-owners who are not spouses, provided that necessary documentation is submitted.
- Submitting the PWD 790 form alone is sufficient for ownership transfer. This is misleading. The form must be submitted alongside other applications, specifically the Vessel/Boat Application (PWD 143) and/or Outboard Motor Application (PWD 144), along with any required fees and supporting documents.
- Once the PWD 790 form is submitted, ownership cannot be changed. This is incorrect. Ownership can be altered, but any future transactions, such as sales or transfers, require the signatures of both owners until the Right of Survivorship is revoked or one party passes away.
- Falsifying information on the PWD 790 form has no serious consequences. This is a misconception. Providing false information is a serious offense under Texas Penal Code, and it can lead to felony charges, including potential jail time and fines.
- The form does not require notarization. This is not true. The signatures of both the primary owner and the co-owner must be notarized to ensure the validity of the document.
- Only the primary owner needs to sign the PWD 790 form. This is misleading. Both the primary owner and the co-owner must sign the form to establish joint ownership and the rights of survivorship.
Key takeaways
When dealing with the Texas PWD 790 form, it is essential to understand its purpose and the requirements involved. Here are some key takeaways:
- Joint Ownership: This form establishes joint ownership of a boat and/or outboard motor between two individuals.
- Survivorship Rights: In the event of the death of one owner, the survivor automatically inherits full ownership of the asset.
- Submission Requirements: The PWD 790 form must accompany the Vessel/Boat Application (PWD 143) and/or Outboard Motor Application (PWD 144), along with any necessary supporting documents and fees.
- Signatures Required: Both owners must sign the form, and their signatures are required for any future transactions, such as selling or transferring the boat or motor.
- Notarization: The signatures of both owners must be notarized to validate the document, ensuring its legal standing.
- Falsification Warning: Providing false information on this form is a serious offense and can lead to felony charges, including potential jail time and fines.
- Information Privacy: The Texas Parks and Wildlife Department protects the information collected through this form, and individuals have the right to access and correct their information under Texas law.