What happens if 11 years ago I purchased a house on my own and 4 years ago became common law married but we am now separated and want to sell the house?

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What happens if 11 years ago I purchased a house on my own and 4 years ago became common law married but we am now separated and want to sell the house?

He was never on the deed or mortgage and the house is still in my old last name. He never made any payments to the house note either. I am selling the house now and being told that he will need to sign at closing and I don’t understand since it is not and never has been his. We have been separated for over a year.

Asked on October 19, 2015 under Real Estate Law, Texas

Answers:

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

Answered 5 years ago | Contributor

Have a family law attorney assist you.  The house is your separate property because you purchased it during the marriage.  Your spouse is not an owner or co-owner on the house with you.  A family law attorney can assist you in explaining this to the title company. 
The only claim your ex- would have is for reimbursement of any community funds expended on the house.  To pursue this claim, your spouse would actually have to file suit, make the claim, and prevail at the claim.  Until that time-- he has no claim to your home.  Most title companies don't understand this because they ar not family law attorney's.


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