QUESTION

Why does my husband have to sign the papers when my house sells when we weren't married when I bought the home?

Asked on Aug 16th, 2013 on Residential Real Estate - Texas
More details to this question:
I bought my 1st home in 1990 and then bought another in 2004. We moved back to the 1990 home and put the 2004 on the market. I signed and initialed as seller but was told my husband would have to sign at the closing also. We got married in 1996. Why is this? If I sell the 1990 home will he have to sign on closing also?
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1 ANSWER

Wills and Estate Planning Attorney serving Sugar Land, TX at Law Offices of Kimberly D. Moss, PLLC
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Texas is a community property state, so even though you bought your house before you married your husband, he effectively became the co-owner of the house upon your marriage because any money he may have contributed to payments, upkeep, etc. would be his contribution to the home and thus community property. The house began as your separate property because you bought it before you married, but the moment your husband began contributing to the household, he gained an interest in the home. The house purchased in 2004 is more straightforward because you purchased that home during your marriage. In any case, your husband would need to sign on the closing documents for either house because those houses are a part of your community property as a married couple. 
Answered on Aug 16th, 2013 at 4:26 PM

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