Home Buying in Houston>Question Details

ptheasy, Home Buyer in Houston, TX

Can the wife claim the property after the transaction?

Asked by ptheasy, Houston, TX Fri Nov 16, 2012

We are currently buying a house which is under the name of man. The man is married but for some reason, there is no name for his wife on the deed. Can the wife claim that she has the right of the property after we finished the deal and get the title transferred to us?

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Answers

11
Myra Ephross’ answer
It is possible that the home was purchased before his marriage or that the home was purchased with separate property funds that he can date to before his marriage . In that case, the property would not be community property.
The Title company should find out this information in their title search and if there is an issue of ownership or community property, it will be addressed. Do express your concern with the title company. I owned a home prior to marriage and when it was sold, though I was married, I was the only seller. The home was separate property. This is not an uncommon occurance.
0 votes Thank Flag Link Mon Nov 19, 2012
Thank you so much for your information. I've contacted the title company and also bought the title insurance policy.
Flag Mon Nov 19, 2012
In the process of selling the home a title search should have been conducted. If that did not show any additional owners you should be clear. As added protection you'll want to see if you purchased a title insurance policy just in case she is a legal owner and the documents were not properly recorded. Contact the title company where you settled. They usually have an attorney on staff that can answer your question in better detail.
0 votes Thank Flag Link Sat Nov 17, 2012
Thank you so much for your information. I've contacted the title company and also bought the title insurance policy.
Flag Mon Nov 19, 2012
Realtors are not lawyers and cannot give legal advice. However, I have seen situations in which there is a separate filing granting ownership rights to a property even though not on the original Deed or Note. Texas is a community property state. For these reasons, it is imperative that you get a Title policy which will protect you from any future claims.

Arnold Richie, Realtor®
Terry Burnaman Realtors
http://www.yournewhomehouston.com
713-396-2017
0 votes Thank Flag Link Sat Nov 17, 2012
Thank you so much for your information. I've contacted the title company and also bought the title insurance policy.
Flag Mon Nov 19, 2012
As stated before in the answers, the title company will research and provide the forms needed to resolve ownership. The property may have been purchased prior to marriage. In any case make sure you get a title policy.
0 votes Thank Flag Link Sat Nov 17, 2012
Thank you so much for your information. I've contacted the title company and also bought the title insurance policy.
Flag Mon Nov 19, 2012
The Title Company will tell you what steps to take to prevent future Title problems. If you are buying it outside normal channels, you should consult a Board-Certified Residential Real Estate attorney prior to closing this deal. Some types of loans require that anyone on the loan must qualify, and that results in only one spouse being named on the Deed of Trust, and sometimes on the Title. As always, it is a mistake to make major decisions without getting professional help.

Good Luck,

Doc Stephens, REALTOR
0 votes Thank Flag Link Fri Nov 16, 2012
Thank you so much for your information. I've contacted the title company and also bought the title insurance policy.
Flag Mon Nov 19, 2012
There are indeed numerous scenarios where the wife can make a claim regardless of whether she is on title. If you close the purchase with a title company, they will determine if the claim is valid and will address it prior to closing or they won't likely issue a title policy until it is resolved.
0 votes Thank Flag Link Fri Nov 16, 2012
Thank you so much for your information. I've contacted the title company and also bought the title insurance policy.
Flag Mon Nov 19, 2012
There are more questions that need to be asked and answered. I'm also a little confused by your question. Are you concerned that the wife of the person named on the deed could claim she has right of ownership after you close the deal with the husband? Or are you concerned that the wife must sign off on rights to the property and transfer title to you even though she is not named on the property? Whichever it is, when a transaction is processed through a title company, they do a search of properties history and gather all information necessary to ensure clear title. You as the buyer have the option to purchase or request the seller purchase a title insurance policy, which will afford you some protections if problems arose in the future. It is always advisable get the title insurance policy when purchasing property. Because the title company is insuring that there is clear title on the property, they will gather information from the seller, seller's agent, seller's attorneys, archive records, etc. to make sure they are insuring clear title. If a mortgage is involved the lender will require that a title policy be included to protect them.
0 votes Thank Flag Link Fri Nov 16, 2012
Thank you so much for your information. I've contacted the title company and also bought the title insurance policy.
Flag Mon Nov 19, 2012
It is possible that she can claim ownership of the property. It only takes one married person to buy a property but both of them must sign off on the sell of the property. I would say this puts the ownership of the home you are looking to purchase in question.

Request that they have the wife sign to transfer the property.

Regards,

Chris Hutchinson
REALTOR®
The Michael Group
972.809.0607
http://www.chrishutchinsonrealestate.com
0 votes Thank Flag Link Fri Nov 16, 2012
Thank you so much for your information. I've contacted the title company and also bought the title insurance policy.
Flag Mon Nov 19, 2012
My experience has been that both spouses need to sign the warranty deed or the title company will not insure the title.
Web Reference: http://www.DaveRealty.com
0 votes Thank Flag Link Fri Nov 16, 2012
Thank you so much for your information. I've contacted the title company and also bought the title insurance policy.
Flag Mon Nov 19, 2012
Are you working with a Realtor? If so, he/she would be able to obtain the answer. If not (and especially if this is a FSBO transaction ... For Sale By Owner), I would consult an attorney. I think I know the answer, but it's best that it be confirmed by someone in the legal profession. Good luck.
Web Reference: http://www.har.com/algeffon
0 votes Thank Flag Link Fri Nov 16, 2012
Thank you so much for your information. I've contacted the title company and also bought the title insurance policy.
Flag Mon Nov 19, 2012
Be careful in Texas we have community property and if it was their homestaed even though she is not on the note she should be on the Deed, the seller has to sign a form about martial status and if he is married and says he is not he has committed FRAUD. Make sure you close at a repatible Title Company
0 votes Thank Flag Link Fri Nov 16, 2012
Thank you so much for your information. I've contacted the title company and also bought the title insurance policy.
Flag Mon Nov 19, 2012
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