Legal Question in Real Estate Law in Texas

I purchased a house 6 years ago by myself, as I was single. I have since been married and now want to refinance the house. The title company claims that in the state of Texas homes are community property, my wife must sign on the title, even though she is not on the loan.

My understanding of Texas community property is anything created after the marriage. Is this correct and if so, should I be allowed to refinance the home without the signature of my wife? I have paid the entire note/taxes for the last 6 eyars and see no reason to change the title at this point.

thanks for your advice.


Asked on 8/08/10, 1:56 pm

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

Tell the title company that the house is your sole and separate proprety and you want it titled that way. If they refuse, insist on changing title companies.

Yuor wife has some rights in your homestaqed by virtue of the marriage, but she cna sign a waiver.

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Answered on 8/13/10, 2:55 pm


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