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Patrick D Kelly
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Spouse Signature for Investment Refinance in Texas

Patrick D Kelly
Posted

I have a rental property in Texas (community property). I owned it before I got married. It is in my name only. My spouse has never lived there.

I'm doing a cash out refinance via Rocket Mortgage.  I'm about to close and they sent me a notice that she will have to be there to sign at closing.  Is this correct?  I thought she didn't have to be involved because the house didn't fall under community property.  I don't want to make her use a day of vacation from work for my investment project.  We keep our finances completely separate. 

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Andrew Postell
#1 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
  • Lender
  • Fort Worth, TX
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Andrew Postell
#1 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
  • Lender
  • Fort Worth, TX
Replied

@Patrick D Kelly thanks for posting. Texas also has a pretty active "state" forum here on Bigger Pockets if you ever want to post there as well.  Unfortunately, many larger lenders will still require this just to cover their own process legally but you can absolutely, 100% find a lender that will NOT require your wife to sign at closing.  Community property does apply to your primary, homestead property here in Texas.  Not to any commercial, investment property, or other property that does not contain your spouses name on the deed.  Again, you can certainly refinance without her involvement if you needed to.

  • Andrew Postell
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