QUESTION
Does a property paid for before marriage become a community property after marriage?
Asked on Jun 16th, 2014 on Estate Planning - Texas
More details to this question:
My question is about selling a separate property versus community property. I purchased property 30 years ago and it was totally paid for prior to my marriage one year ago. I am now selling the property. The title insurance company says my spouse has to sign a Non-Homestead Affidavit and Designation of Homestead. But he doesn't own the property so he doesn't want to sign a legal document that says he does own it but is not claiming a homestead exception of said property.
1 ANSWER
Probate Attorney serving Friendswood, TX
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Law Office of Melissa A. Botting
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In Texas, property paid for before marriage usually does not become community property. The issue is that Texas homestead rights are separate from community ownership interest. A spouse has rights superior to a creditor by virtue of residing in property that the spouse does not own. The title insurance company should be able to provide a document that says he does not have homestead rights without stating that he has an ownership interest in the property. If not, you may consider shopping for a new title company.
Answered on Jun 19th, 2014 at 8:08 PM