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In the state of Texas is there any way to purchase a home on a mortgage loan without your spouse having to sign onto the mortgage or have any legal right over it? The reason for my strange question is that my husband and I are separated but not legally divorced. I would like to purchase a home but don’t want him to have any rights to it. Mean he has no income source so he won’t be paying any of the expence. And most importantly he won’t be living with me anyway

3 Thoughts on Texas marriage laws and mortgage situation?
  1. Reply
    June 7, 2011 at 2:42 am

    Don’t do it. Since you are currently married, he could demand half of the property when the divorce is settled. I know it doesn’t sound fair, but the law has nothing to do with fairness.

  2. Reply
    Mr Placid
    June 7, 2011 at 3:23 am

    You can do that, but you will need to consult a divorce attorney to learn exactly what you need to do to have the home classified as separate (i.e. not community) property. You may need to file for divorce, or have your husband sign a disclaimer.

  3. Reply
    June 7, 2011 at 4:02 am

    It is somewhat risky, but can be done. He must sign a quit-claim deed to the property before the sale is finalized. A good real estate agent will know about that, but I recommend an attorney.

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