Is there a loophole to the community property law in texas? I want to buy a home while seperated.?

Is there a loophole to the community property law in texas? I want to buy a home while seperated.?

Postby jarl » Sun Apr 10, 2011 4:41 pm

I was told because of the community property law in Texas I would be unable to purchase a home without placing my wife on the loan and mortgage. I am in the military and have the VA loan to use. There has to be a way to do this without being divorced. I need to close within the next 3 months. The divorce will not be done by then.
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Is there a loophole to the community property law in texas? I want to buy a home while seperated.?

Postby archy » Sun Apr 10, 2011 4:46 pm

You dont even need to file for legal seperation. The quit claim will do. This is a pretty standard procedure in community property states. If she will not execute the quitclaim, a seperation will provide a legal basis to claim that funds used to purchase the home are not community funds. But the down payment probably IS derived from community funds, so you may have a battle on your hands if she will not.
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