Legal Question in Family Law in Texas

House Ownership & Title

I am currently married and have decide to get a divorce. We have been separated for 3 months now. There's a house in the market that I am interested in buying. I can not wait to buy another house because that one is my dream home. What can I do to avoid my husband to have any rights or ownerships in claiming 50% of the title? Is a post-nuptial agreement valid? or What is the best option? Please advise. The house is on the market and there is no more waiting time. I have not filed for a divorce yet but will do soon.


Asked on 10/27/05, 5:30 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: House Ownership & Title

If you buy the house now, it is community property. You can ask him to immediately deed any interest or claim in the property to you. If I was his lawyer, I would tell him not to, as it is leverage in the property settlement. The real issue is the equity in the house at the time of the divorce. If you put a large down payment on the house, you are risking approximately half of it. If he refuses to settle, the court can order the sale of community property to satisfy community debt. Although you are clearly the real owner, the law says it is community property, and whatever money you save on a good deal, could easily be spent later as attorney fees to save it. TCL

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Answered on 10/27/05, 9:42 pm


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