If my husband’s name is the only one on the mortgage, can I buy the house from him while we are still married?

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If my husband’s name is the only one on the mortgage, can I buy the house from him while we are still married?

We are planning to get a divorce.

Asked on January 13, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is a piece to this puzzle that is missing.  Is your name on the deed to the property?  Even if it is not if the property was purchased during the marriage it is marital property so you already own it.  What you wish to do is to refinance his name off of the mortgage, but why you would do that I do not really know unless and until all your assets were divided.  I really, really, really think that you should seek help from an attorney asap.  Good luck.


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