Legal Question in Real Estate Law in Texas

Buying Home in TX

My spouse and I plan to separate and divorce in the future. I am moving to TX alone and will buy a home. The mortgage lender and title company insist the title be in both names since TX is community property. My spouse doesn't want to be on the title since he feels he is already protected by the TX community property law. How can I get the title company to issue the title in my name only? This is what my spouse and I both want. Thank you for your help!


Asked on 6/19/07, 12:39 pm

1 Answer from Attorneys

Re: Buying Home in TX

have your divorce attorney prepare an antenuptual agreement or an agreement incident to a divorce. Once the title company is informed that your spouse has agreed in writing to not have an ownership interest in or payment obligation on the house, they should come around. The spouse would have to participate in the closing the the extent that he'll have to sign waivers, etc.

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Answered on 6/19/07, 1:13 pm


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