Legal Question in Family Law in Texas
My husband and I are separated and are not yet filling for divorce. I purchased my home five years prior to the marriage and am needing to refinance it. the bank tells me that my husband will need to sign the title. How do I go about keeping this as my separate property?
1 Answer from Attorneys
Your home is separate property. When you file for divorce, your petition will allege that you own certain property that is separate property, and you will ask the Court, in the decree, to set aside that property as separate property.
And then you will proceed to get a decree that says exactly that: it will include a legal description of the house, and will state that it is your separate property. After that, you can refinance.
In the alternative, if your husband will cooperate, you can refinance now. All he needs to do is sign a quitclaim.
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