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Updated almost 8 years ago on . Most recent reply

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Jason Smith
  • Weatherford, TX
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Texas standard 1-4 contract.

Jason Smith
  • Weatherford, TX
Posted
As a married person I have bought and sold real estate solely in my name in the past. But this weekend I had an agent write an contract and told me that I am “required” to have my wife’s and my name both on the contract since we are a community property state. I can’t seem to find anything that supports or debunks this claim. Have I done it incorrectly in the past or is this agent misinformed? Where can I find any supporting documentation? This doesn’t seem like this would be correct because to me that would essentially be saying that the state prohibits buying assets singularly. Where does that stop? Could a married individual not buy a car with out both parties signing? This just seems off. Thanks for the help
  • Jason Smith
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    Greg H.
    • Broker/Flipper
    • Austin, TX
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    Greg H.
    • Broker/Flipper
    • Austin, TX
    ModeratorReplied

    Absolutely and positively incorrect. You can buy a property in your own name and there are zero issues 

    Texas is a community property state and buying in your own does not mean that it is separate property as your wife would still retain her claim. 

    Now when you sell, the title company will require her to sign the deed and/or a non homestead affidavit 

  • Greg H.
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