Does my husband have to sign for me to sell a house that I purchased before I married him?

I purchased a home from my father in 2001 and I married in 2007. Now, I am selling the house. The title company is asking for information on my current husband and are requesting his signature to close the sell of the house. I know Texas is a community property state but I purchased this house in cash six years before I married.

Asked on April 14, 2016 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The title company can ask for your husband's information, but your husband's signature is not required to sell the property because it is separate property, not community property.  In fact, if you add him to the documents, he could later make the argument that you 'gifted' part of your interest in the house or house proceeds to him.  This means that if you and him should later divorce, he could ask the court to award him a portion of the proceeds of the sale of this house.


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