I am about to close on my new house. My husband and I are separated. I was told by the loan processor that my ex has to be on the title of my house because Texas is a community property state. Does anyone know how I can avoid adding his name to the title. Will a Quit claim deed work in this case. He does not have a problem with this if it were an option. I was told to consult my lawyer but I just don't have one. Thanks for your responses.|||Texas is a community property State .. with exception of inheritance.
I know a couple who bought a new house - and the wife did not want her husband on the title - so when it came time to close on the house, the wife proceeded the closing process -- however, the process was stopped because the husband had to sign regardless.
If you are just separated - then you are still married to your husband. Get a divorce before you buy. People separate all the time .. then go back together - as if nothing ever happened. In the eyes of Texas - you are still legally married.
It would be wise to contact an attorney to see about special circumstances. More than one legal opinion would be best.|||Get a divorce quickly. Thats the only way.|||Ouch. If this house has a mortgage on it, he is forever going to be attached to it, since yes, he can quick claim deed it to you, but that does NOT release him from the loan on the house. This purchase is a really bad idea right now as long as you are married to him. You really should go see a lawyer. Most divorce lawyer's first visit is free to ask basic questions about your situation.|||Don't do this!!!!!
A loan processor is not a lawyer and it is a dangerous thing to take legal advice from someone who is not qualified. And if you put your husband on the title of your house, he will be entitled to half the value without having put a dime into it. And then he can force you to sell your house by having the judge award him half of the house.
And if you don't have a lawyer, you have an even bigger problem. You should never trust real estate people nor a husband who is about to be an ex. If you go through with this purchase or even this divorce without a lawyer, this will be the hardest money you will ever save...meaning that you are about to be screwed to the wall. If you can afford to buy a house, you can afford to hire a lawyer. And if you can't afford that lawyer, then don't be buying anything!
Good luck and God bless!
*****
Addendum: Go post this over in "Law %26amp; Ethics" and get their opinion.|||Loan officers look at each application whether the applicant (in this case its you) can qualify for a mortgage on their own or not. Simple is that. That is the rule of thumb. I know this because I used to be a mortgage underwriter, but not in Texas. You are still married, am I right? If you have sufficient income and a stable job which you can prove your income statements for the previous years, I believe the financial institution you are dealing with should consider you as the only name on the mortgage aka mortgagee. If you cannot qualify on your own then they ask for co-applicant or guarantor. In your case its your husband, I say your husband because you are not legally separated yet, since you indicate you do not have a lawyer, in case if you are legally separated take the agreement to the bank, that will sort the whole issue out.
However, I strongly recommend you to talk to a mortgage broker in your area and get their advise. They don't charge you for advise. If you tie your mortgage via them then they get commission from the bank, not from you. Find a good reliable one, since they know all the rules and regulations they should be able to guide you to the right direction. They are licensed mortgage brokers, in order to get a license they must pass the exams in this field provided by the state.
Good luck..
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