Get Legal Help Today
Secured with SHA-256 Encryption
Texas – I am in the process of refinancing my home. My wife and I are divorcing. I bought the home before I was married and the home is in my name. The refi company is asking for my wife to sign on the loan as a non-borrower. We have been married 5 years. If she signs does she have a legal right to the house?
Asked on March 30, 2016 under Family Law, Texas
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Hold off doing anything until you are officially divorced. If your wife's name is accidentally added to any part of these documents, she could potentially argue that you 'gifted' her a portion of the interest in the home. At this juncture, do not risk giving away part of a clear-cut separate property asset.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.