Legal Question in Real Estate Law in Texas

I live in Texas, a community state, and I am about to purchase my first home. I am married and he is not on the loan but HAS to be on the title so they say. He has backed up child support and is going to be deported and I do not want to run the chance of them placing a lien on the home because he owes child support. Can they place a lien on the home even if I file a quit claim deed to remove him from the title or claim it as a homestead?


Asked on 11/27/10, 8:15 am

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Do not let the title company, realtor or lender force you to put your husband on the deed. He can sign documents, which the title company lawyer can prepare, acknowledging that the home is your sole, separate property so that the deed can be to you alone. Be firm and refuse to close unless this is done.

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Answered on 12/02/10, 10:47 am


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