Legal Question in Real Estate Law in Texas
Will he be part owner of the house?
My sister owne a house in texas. She married to second husband. He have nothing to do whith this house. My sister wants to refinance and the mrtgage co. wnts for her husband to sign. Will this make him part owner of tha house? He sing a pre-agreement befor they marrie.
1 Answer from Attorneys
Re: Will he be part owner of the house?
He will only be part owner of the house if she signs a deed putting his name on the title. Typically, due to his right of "homestead" the mortgage company will require a non-owner-spouse to sign the Deed of Trust or Mortgage to "perfect" the lien. The reason for this is that if they try to foreclose due to non-payment, he could exercise his homestead rights and could retain possession of the house. If he signs the document, then he waives the homestead rights and the mortgage company could repossess the house if they don't get paid.
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