Legal Question in Real Estate Law in Texas

Re: trust

Under Texas law, anything owned by a person before marriage is her separate property. However, if they are going to live there as husband and wife, he will acquire homestead rights in the house. I don't see how putting the home into a simple trust is going to protect it from this.

The one thing that would really protect the home is a premarital agreement, wherein her husband-to-be agrees that the house is her separate property, and he also agrees to give up his homestead rights in the house.

Regardless of whether she goes with a trust or premarital agreement, she will need an attorney to ensure that it is done properly.