Legal Question in Family Law in Texas

Re: Divorcing while building a house

You have many fine lawyers near Pearland. Find a good divorce lawyer and discuss these issues with that lawyer.

Generally, anything acquired during the marriage except that acquired by gift or inheritance is community property. There might be a way, if the purchase money can be traced to separate property and if the lender agrees to look only to your separate estate (not your sole management and control community estate) to give some protection to the property, but most lenders would not touch this type of financing as it is odd.

The lender will likely require your spouse to join the deed of trust (mortgage) even if that spouse is not on the note. Since the house is likely to be community property, a divorce court COULD award the house to your spouse and it is being financed on your credit! So, again, talk to a local divorce lawyer now.

http://www.reasonable-doubt.com