Legal Question in Real Estate Law in Texas

Re: Refinancing separate property

From the date of the inquiry you probably have found out the answer toyour question. If not I hope this helps. If you alone are obtaining the loan, based upon your ability to pay, and you qualify, there is no reason for your new husband to sign the promissory note, except that lenders want the added security of two borrowers versus one. However, the note will be secured by an interest in real property, created by a Deed of Trust. Although it may be your seperate property, lenders do not want to have to go behind the transaction to verify this. Therefore they will usually request that the spouse sign the Deed of Trust to asure they have the entire property as collateral. You may get the lender to agree to add language by your husbands signature the he is signing as a "accomadation party only". By signing the Deed of Trust your husband does not become obligated on the note.