Legal Question in Real Estate Law in Texas

I recently bought a house in Texas. If I get married someday and we decide to stay in the house, can my husband be added to the title so that he is then also earning equity in the house or would we have to refinance? My concern is that I have a very low interest rate and that is the main reason why I bought a house when I did. It is locked in for 30 years. If I have to refinance when/if I get married, it likely will be at a higher rate and that kind of defeats the purpose of locking in that low rate. My current boyfriend has said he would not live in a house that he wasn't earning equity in. I can understand that, but I also dread the thought of hurting myself financially just because I get married. Texas is a community property state and I don't know how that affects things. From my understanding, it means anything I own prior to the marriage remains mine, but what if I want to make it both of ours? Can that be done while keeping the original loan terms? Thank you.


Asked on 9/20/10, 10:28 am

1 Answer from Attorneys
David Leon David L. Leon, P.C.

To answer your question, you can add him to the TITLE of the house after you marry. He will not be on the NOTE (obligation to pay) however. This is subject to the mortgage company giving you written permission to add him to the title (that's rarely a problem, though.)

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Answered on 9/25/10, 11:54 am


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