Posted by No/ta/ry/2u on 1/2/11 6:59pm
Msg #366775

Texas Property

Texas is 50/50 state so how can a person purchase property and have only their name put on the deed, married for several years but only has one owner listed on deed. Then that person turns around and gives part of the property away and then person he gave it to I looked up the Warranty Deed and it says UNOFFICIAL DOCUMENT. I always remember when I am notarizing docs that it asks for a marital status affidavit.
This happened to my mother after years of marriage to my step-father, all these years and we just found out how much of a crook he really is.
I will be driving to the county clerks office to get copies of all that has been recorded, and any advice would be greatly appreciated as he has already taken her through enough.

Reply by HisHughness on 1/2/11 7:30pm
Msg #366777

I think it is entirely possible, and there is not necessarily anything untoward about it, for a spouse in Texas to purchase property from his/her separate estate, and to be the sole owner of that property. If the spousal estate did not contribute to the purchase or the upkeep of the property, there simply is nothing wrong with that and it does not render the person a crook nor does it mean he/she has "taken his/her spouse through" anything.

Caveat: I am not licensed in Texas and have never practiced here. The above is simply the opinion of a moderately informed layman.

Reply by John Schenk on 1/4/11 2:19pm
Msg #366959

Agree with Hugh

Also in my lay opinion.

JJ

Reply by Shoshana/AZ on 1/2/11 8:33pm
Msg #366783

If he purchased the property before they were married, she doesn't have to sign off on anything as she is not a spouse. You would have to consult an attorney to see if she is entitled to be a co-owner.
Good Luck.

Reply by MW/VA on 1/3/11 7:43am
Msg #366807

I did a refi for a TX property last week that left me

scratching my head. She owned the property, has recently married, and they put his name on as NBS. I didn't get that one at all. The new Warranty Deed only changed title vesting from her previous name to her new married name. TC said it was because TX is a community property state. It was a first for me on this type of law.

Reply by Linda_H/FL on 1/3/11 7:51am
Msg #366812

Some information...

http://www.tshaonline.org/handbook/online/articles/jsc02

After reading this...I'd suggest your mother get a good family law attorney

Reply by No/ta/ry/2u on 1/3/11 9:17am
Msg #366815

Re: Some information...

thanks for the advice, i will followup on it and see what happens,