Home Buying in Killeen>Question Details

Earle, Home Buyer in Killeen, TX

do a spouse need to be on the deed when buying a house?

Asked by Earle, Killeen, TX Tue Jun 26, 2012

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So you aren't confused.... Roberts answer doesn't have anything to do with your questions.
0 votes Thank Flag Link Fri Jun 29, 2012
The criteria for inclusion on a purchase varies. I just closed a cash purchase where only one person was on the deed. I have also seen documents styled to specifically exclude a current spouse.

However, regardless if it is one or both on the deed, when you sell, I don't know of a single Title Company that will not require both parties to convey ownership since this is a community property state. This is for protection of the new owner for issuance of a Title Policy, without someone down the line laying claim to 1/2 the property stating it was sold without their consent.
0 votes Thank Flag Link Fri Jun 29, 2012
not always unless you need her income to qualify. also, Texas is a community property state.
0 votes Thank Flag Link Fri Jun 29, 2012
While a LENDER may require both spouses to be on the deed, there is no legal requirement for same. If you're buying with cash, either spouse can be on the deed and if you're buying an investment property, only one spouse can be placed on title. Ultimately, it depends on the lender (assuming you're seeking lender funds) as to whether they will require both spouses to be on title.
0 votes Thank Flag Link Tue Jun 26, 2012
Hi Earle,

Texas is different from the rest of the country in many ways. This is one of them. Texas is a common law state so a spouse will have to sign the title of the deed on a primary residence even if they are not on the loan.

Don Groff
REALTOR® | Mortgage Broker
Keller Williams Realty | 360 Lending Group
o 512.669.5599 m 512.633.4157
listings@dongroff.com | http://www.AustinListed.com
0 votes Thank Flag Link Tue Jun 26, 2012
They do not need to be on title in my area but they need to sign the deed to relinquish their rights or else it creates a possible issue with title making it hard to sell later on. I will not close a loan if the spouse doesn’t sign off in such a case. Good luck,

Jim Simms
NMLS # 6395
Financing Kentucky One Home at a Time
0 votes Thank Flag Link Tue Jun 26, 2012
Every primary residence deal I have done with a spouse not on the loan..... They were required to sign the deed.

On investment properties I have had spouses excluded in the past.... But I haven't done any of them in a while.

Tom Burris
Mortgage Banker
(214) 763-4629 cell/text/nights/weekends(Really!!)
Lending all across the entire Great State of Texas!!
NMLS# 335055
Search Dallas area MLS for FREE. No registration => http://www.ntreisinnovia.net/cgi-ntr/BR_login?0501134
0 votes Thank Flag Link Tue Jun 26, 2012
Not necessarily; but you should consult an attorney to make sure.
0 votes Thank Flag Link Tue Jun 26, 2012
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