Legal Question in Real Estate Law in Texas

Repossession of Property

My husband and I are going to purchase a house as a rental property. He wants to put the house only in his name instead of both of our names - his credit is better than mine and he believes that since I owe some creditors some money, they could take the rental house to satisfy the debt. Is this true? Would it better to have it only in his name?


Asked on 1/23/04, 1:51 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Repossession of Property

It doesn't matter. Texas is a community property state and an inception of title state. Even though the deed may be in his name only, it will be half yours since you are married at the time of the acquisition...unless you gift him your share.

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Answered on 1/23/04, 2:06 pm


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