Legal Question in Real Estate Law in Texas

Re: Community Property or Separate Property

Since you are in Texas, your new home will be community property no matter whose name is on the deed. However, it is more simple for the title company to put your name on the deed since you will be required to sign the deed upon the sale of that property. His rationale about your not working is not a valid argument. If he does not tell the mortgage company that he is married, it is fraud and a Federal offense. If he dies without a will and he has no children outside of your marriage, the house will go to the spouse. If he has other children outside your marriage, you would inherit a life estate in the property, and the fee simple estate would be split between his children outside of the marriage and your children upon your death. A will makes everything clear and prevents much hardship for the family upon the event of death. It would be advisable for both you and your husband to have wills. Best of luck.