Legal Question in Real Estate Law in Texas
trust
My daughter is getting married and the house is under her name. She wants to find a legal document where it states that the house will always be in her name only and not her husbands. Please help us. Is it called a trust.
1 Answer from Attorneys
Re: trust
Under Texas law, anything owned by a person before marriage is her separate property. However, if they are going to live there as husband and wife, he will acquire homestead rights in the house. I don't see how putting the home into a simple trust is going to protect it from this.
The one thing that would really protect the home is a premarital agreement, wherein her husband-to-be agrees that the house is her separate property, and he also agrees to give up his homestead rights in the house.
Regardless of whether she goes with a trust or premarital agreement, she will need an attorney to ensure that it is done properly.
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