Can I be a co-owner of real property while still being married to someone else?

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Can I be a co-owner of real property while still being married to someone else?

I got married 2 years ago but ended up leaving my husband about 6months later. I never legally changed my name and we never bought assets together or had a joint account of any type. I am in a relationship and we want to purchase a house together.

Asked on January 2, 2013 under Real Estate Law, Texas

Answers:

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

Answered 8 years ago | Contributor

Texas is a community property state, which means that everything purchased during the marriage-- with some limited exceptions-- is presumed to be community property.  The situation that you describe of wanting to purchase a house with someone else would not, by itself, qualify for an exception.  This means that if you do purchase a house while you are still married, your spouse could potentially claim your portion of ownership in the new house as community property should your husband ever decide to file for divorce.  To prevent any issues, you would be better off filing and finalizing a divorce from your husband before you start purchasing new assets.


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