Legal Question in Family Law in Texas

Deed of Trust

I am buying a house and have been seperated from my husband for 3 yrs. Since I live in a community property state, I was told he needs to sign a Deed of Trust. If I file for divorce will this prevent him from having to sign the deed of trust?


Asked on 4/12/06, 10:28 pm

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Deed of Trust

I'm not a real estate lawyer, so I strongly urge you to talk to one immediately BEFORE CLOSING on this major purchase.

If you buy the house, it could be considered community property and if you divorce, your husband can ask for 50% of the value of the home.

Also, if you die without a will, he could inherit it.

Scared yet?

I strongly urge you to talk to a real estate attorney before purchasing this home.

You need to talk to an attorney in person since this is not the appropriate place to discuss all the legal implications of purchasing a home while separated in Texas.

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Answered on 4/12/06, 11:11 pm
TC Langford Langford Law Office

Re: Deed of Trust

I cannot agree more strongly with Ms. Brochstein.

Bluntly, this is a terrible idea, legally.

Since you have been separated for 3 years, consider divorcing, before making this purchase. As an attorney, I have had clients who have made this type of purchase, and it sometimes becomes a huge, unwarranted gift to the spouse.

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Answered on 4/12/06, 11:23 pm


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