Refinancing Home

Texas – I am in the process of refinancing my home. My wife and I are divorcing. I bought the home before I was married and the home is in my name. The refi company is asking for my wife to sign on the loan as a non-borrower. We have been married 5 years. If she signs does she have a legal right to the house?

Asked on March 30, 2016 under Family Law, Texas


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

Answered 4 years ago | Contributor

Hold off doing anything until you are officially divorced.  If your wife's name is accidentally added to any part of these documents, she could potentially argue that you 'gifted' her a portion of the interest in the home.  At this juncture, do not risk giving away part of a clear-cut separate property asset.

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