by getting a loan do I lose ownership of my home if im married in the state of Texas

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by getting a loan do I lose ownership of my home if im married in the state of Texas

I own my home before I got married now I want to get a home equity loan to make some up grades the bank says that she would have to sign on the loan because of the homestead laws in Texas. Does this means she becomes owner of my home

Asked on April 1, 2019 under Real Estate Law, Texas

Answers:

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

Answered 1 year ago | Contributor

You can get a home equity loan on the house, but what will control is the title.  As long as your name remains the only name on the title, then the house will remain your separate property.  If you put her name on the title, and then you later file for divorce, then some courts will find that you "gifted" your wife an interest in the property.  If she only signs the loan documents, all it makes her is a co-signor on a note.


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