Property Q&A in Dallas>Question Details

Bigboy, Home Buyer in Dallas, TX

We'r separated, in divorce process. I'm relocating and need to buy house now, she doesnt want to be in it. Is there a way in TX to keep?

Asked by Bigboy, Dallas, TX Sat Apr 30, 2011

her out of it My soon to be ex wife has absolutely no interest in being on the deed or title and neither do I want her to. We have not lived together in over a year, and the house I'm selling to raise equity for the new purchase does not have her name on the title, it belongs to me and my late wife and her heirs.
I'm just trying to see what we can do legally since I need to be in the new house before the Divorce becomes final

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If the soon to be ex will execute a relinquish their rights, they certainly can and financing would not require that they ever go on the note. We work with this situation often. As long as everyone is agreeable, there is a way. Please feel free to call me for financing details.

Melissa Bachmann
0 votes Thank Flag Link Mon May 2, 2011
Hi BigBoy,

From my understanding of the laws of Texas, it is a community property state, which means if you purchase a home before the divorce is finalized, she would be entitled to half of it when it did get finalized. Of course as mentioned here, I suggest you consult with your attorney to get the specifics of this.

There are ways around what you are tying to do, however. If you would like more information, please contact me.

It's more than real estate. It's RAYL-Estate!

Brian Rayl, REALTOR®, e-PRO, SFR
Keller Williams Elite Dallas Park Cities
Web Reference:
1 vote Thank Flag Link Sat Apr 30, 2011
First, welcome to Dallas you will love living here. While I am not an attorney I will share my limited knowlege and I suggest you consult an attorney before making any purchase.
Texas is a community property state...what's yours is 1/2 hers. I am told with the right wording in a divorce decree this can be overcome but it seems you might be further along in the process, therefore the attorney's advice.
I would welcome the opportunity to assist you with your home purchase when you are ready and maybe a short term lease while you get every thing in place. I can also recommend an attorney in Dallas if you need that.

Mary Beth Harrison
The Harrison Group - Keller Williams Realty
214-365-6500 office
214-535-8377 cell
Web Reference:
1 vote Thank Flag Link Sat Apr 30, 2011
If you need to wait to purchase your home, I can help you find the perfect apartment, loft, townhome or highrise until then. This can give you the time to decide exactly what neighborhood in which you want to live. It's absolutely free to work with me and I offer a cash rebate after you move in. I do all the legwork and provide you with photos, floorplans, maps and even reviews of the properties. I would love the opportunity to work with you!

You can reach me at 214-564-4548 or by email at
0 votes Thank Flag Link Fri May 6, 2011
If and when you're about to buy the house, I would see if the seller would lease it to you until the divorce is final, then you can proceed. I know that's a little tricky but it's worth a try. Personally, I would not buy property before the divorce regardless of whose name is on the title etc since that's irrelevant in a community property state.
0 votes Thank Flag Link Sun May 1, 2011
From what you've described it looks like you will have to hold off til the divorce is final. Although I'm not clear on exactly what your circumstances are. TX is a community property state. There may be some options if she is willing to sign off on her rights. Is the house you want to sell currently listed? What is the offer status? If you'd like to discuss this in more detail you can reach me at 972-402-4114.

Pat Wyckoff
0 votes Thank Flag Link Sat Apr 30, 2011

You need to wait until your divorce is final to my knowledge no way round it really based on what you have detailed here.

Wish you best!

0 votes Thank Flag Link Sat Apr 30, 2011
Give me a call as the answer is too long for here. Tel: 214-718-4910
0 votes Thank Flag Link Sat Apr 30, 2011
Check with your family attorney. I've always been told you don't want to buy another house until the divorce is final.
Web Reference:
0 votes Thank Flag Link Sat Apr 30, 2011
Bruce Lynn, Real Estate Pro in Coppell, TX
Confer with the mortgage broker who is approving you loan, most "soon to be divorce couples' hold off on any home purchase till the divorce is final then pursue the new home based on Texas laws

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
0 votes Thank Flag Link Sat Apr 30, 2011
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