Can I purchase a home in a community property state without my spouse signing the deed if they are is incarcerated?

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Can I purchase a home in a community property state without my spouse signing the deed if they are is incarcerated?

Asked on February 17, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is nothing preventing you from purchasing a home in a community property state if your spouse is presently incarcerated. In such a purchase, your spouse would not have to sign a document transferring legal title of the property to either of you.

You can simply take title to the home as separate property or as community property depending upon your circumstances. I suggest that you consult with a real estate attorney further.


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