If a single woman purchased a home before marriage butnow wants to refinance, does her husband need to sign anything?

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If a single woman purchased a home before marriage butnow wants to refinance, does her husband need to sign anything?

Woman was single at time of purchase and several years later got married. Now she wants to refinance the home. What, if anything, is required by new husband to sign so that she can refinance the house?

Asked on January 28, 2011 under Real Estate Law, Texas

Answers:

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

Answered 10 years ago | Contributor

Ok, let's start with the basics.  Congratulations on your marriage.  Do you have a pre-nuptial agreement?  Then consider a post nuptial agreement.  Texas is a Community Property State as you know.  However, Texas recognizes that there can be non-community assets in a marriage and this asset needs to be categorized that way unless you do not care that it may become a community asset in a divorce.  So it needs to be acknowledged by your husband as separate property and maintained as such during the marriage.  Now, are you using his income to help you refinance?  Then the asset may in fact become community and his name be placed on the deed.  Then you need to make sure that he acknowledged legally the down payment and the increased value to now as separate property in case you divorce.  If you intend to refinance in your name alone then the bank may want some legal acknowledgement as well that he has no community interest should they need to call in the loan at some point in time.  Get legal help with this.  Good luck.


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