Legal Question in Family Law in Texas
Family Law
Can a husband or wife buy real estate in only one of the spouse's name - in other words, if married, is there a law that says that both spouses are required to sign the deed/paperwork?
Asked on 8/26/08, 7:12 pm
1 Answer from Attorneys
TC Langford
Langford Law Office
Re: Family Law
Not exactly. It would be nearly impossible to get the lender to agree to only one name on the mortgage, and if a person is not on the deed, why be on the mortgage?
Additionally, it doesn't matter whose name is on the deed -- if it isn't purchased with traceable separate funds, then it is still community property.
Answered on 8/27/08, 7:30 am
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