Home Buying in Houston>Question Details

Becky, Home Buyer in Houston, TX

If i am married in Texas , can i still buy a house under my name only?

Asked by Becky, Houston, TX Thu Nov 29, 2012

I am married and want to buy a house under my name only. I got approved for a loan by myself and only i signed the contract. At closing is there anything my husband can sign saying that it can be in my name only?

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Answers

8
You need to get with your family attorney to draw up an agreement.
Think Post-Nup.
1 vote Thank Flag Link Thu Nov 29, 2012
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
Actually to be frank with you, you have many options.
One is to buy the property together and then Assign the property to a trust in which you are the trustee. This way you get to receive all the benefits of owning the home, but the owner of record is the trust and not you or your wife. That's what I would do.
0 votes Thank Flag Link Wed Dec 5, 2012
There are also optional ways to hold title, so very good idea to consult with attorney before doing any of it. You don't know how fortunate you are to have asked!!
0 votes Thank Flag Link Mon Dec 3, 2012
Becky,

Yes, you can buy a home, several in fact, in your name only while you are married.

However, be aware your spouse will own 50% of everything you own and you BOTH will have to sign papers if you wish to sell the home.

There are exceptions regarding business set ups to purchase homes and I would suggest speaking to an attorney before you make any purchases. Good Luck!

Mark McNitt
m 832-567-4357
Bernstein Realty, Inc.
0 votes Thank Flag Link Thu Nov 29, 2012
Agree with the others but want to add that I believe under FHA guidelines that they will consider both credit scores. Let me know if you need any help, I represent 1st time buyers.
0 votes Thank Flag Link Thu Nov 29, 2012
He will definitely be on title..... Even if he isn't on the loan.

You cannot close otherwise.



Tom Burris
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0 votes Thank Flag Link Thu Nov 29, 2012
For credit purposes, I've seen several homebuyers only have one spouse on the loan and contract. However, Texas is a community property state, and your husband will need to sign some documents at the title company. The title company can assist you with this. If you don't want the house as community property, you'll have to consult an attorney.
0 votes Thank Flag Link Thu Nov 29, 2012
I don't foresee any problems, I suggest you talk to the Title Company and as I am not a lawyer, perhaps consult with one to give you the correct information.
0 votes Thank Flag Link Thu Nov 29, 2012
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