Can you get a mortgage without your spouse in Texas?

Can you get a home loan without your spouse? You can purchase a home and be the only person financially obligated. Your name can be the only person on the loan. However in Texas, your spouse will still be required to sign the security instrument at closing because Texas is a community property state.

What happens to a house in a divorce in Texas?

What happens to a house in a divorce in Texas is very different than what happens to a house in a divorce in another state. In the “common law” states, if you buy something that is in your name only, then YOU are the owner, regardless of when you bought it (before or after marriage).

Can a mortgage be transferred to one spouse in a divorce?

A mortgage or deed of trust may not match the title to the property. This can occur, for example, when both spouses are originally included in the loan documents, but only one spouse receives the property in the divorce. In this scenario, one spouse will own the property, but both spouses could remain responsible for the loan.

Can a spouse still be responsible for a mortgage if the property has been sold?

In this scenario, one spouse will own the property, but both spouses could remain responsible for the loan. When an ex-spouse no longer owns the property but is still listed on the mortgage, he or she is responsible for debt on the property that he or she doesn’t own.

Who is responsible for the mortgage after a divorce?

After the quitclaim deed is filed, you will own the entire property and be responsible for the entire mortgage. If the mortgage is in your name and you are not keeping the property (i.e., if your ex is getting the property in the divorce, then your ex must either refinance or assume the loan.

Can a spouse transfer property to another spouse in Texas?

Texas case law indicates that there are several circumstances where this can occur: Property Transferred by One Spouse to Another – One spouse transfers property to the other spouse. The rationale is that a transfer to the other spouse is probably a gift.

Can a spouse name both spouses on a title in Texas?

If, instead, the spouse names both spouses on the title, Texas law assumes that the spouse that provided the funds from separate property intends to make a gift of half the property to his or her spouse.

Can a husband or wife call the mortgage?

In many states, husbands and wives normally take title to their homes with what the law calls “joint tenants” or “joint tenancies.” Garn-St. Germain bars mortgage lenders from calling their loans when a surviving joint tenant, such as a spouse, is involved.