Legal Question in Real Estate Law in Texas
Community Law & Prenup
A single woman purchased a home 2yrs ago, since then got married and had a pre-nup in place and wanted to refinance her home. Texas is a community law state and the lender and the title company are both requiring her husband to sign the Deed of Trust only. If she has a pre-nup in place stating that the property she purchased before they were married is hers and he has no interest, will him signing the Deed of Trust now give him ownership or title to the property? Will the pre-nup supercede him signing the Deed of Trust?
2 Answers from Attorneys
Re: Community Law & Prenup
Community Property is not the only problem here. Primarily it is a problem of homestead which does not allow one spouse to sell or mortgage the principal place of residence for the family without the signature of both spouses, irrespective of who owns it. Seems some drunks did this in Tenn. years ago and when they ran to Texas to start a new country, the wives told them to make it illegal to do that again...
http://www.reasonable-doubt.com
Re: Community Law & Prenup
In Texas it will always be required by the lender to have the non-borrowing spouse sign the deed of trust. He is not borrowing money or obtaining an interest in the house, but merely signing pro-forma which, in effect waives his homestead rights should the loan be foreclosed upon.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
