Forums **Ask A Question** Texas – wife's signature required? Has anyone ever seen this?

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  • #13682
    Jason Barker
    Post count: 31

    I bought a piece of land in Texas. I purchased it in my personal name, not my business. I am married, but my wife’s name was not included in the transaction and she is not on the deed. I closed through a title company. It is now 45 days later and I am selling the property, through the same title company. But, the title company refuses to close the deal without my wife’s signature on the selling deed. Texas is a community property state and they insist she must confirm her release of any future claim to the property.

    There are no issues with my marriage. I simply want to keep my wife completely out of my transactions in general, for several unrelated reasons, (tax, liability, etc).

    Has anyone ever run into this in Texas? Is this indeed a requirement?

    This is holding up my deal, so thank you in advance for a fast advice.

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  • Rodney POWELL
    Post count: 25

    Even if only 1 spouse has a name on the deed, Texas is a “community property” state

    — It only takes 1 to buy, but 2 to sell.

    She must sign the deed to sell now.

    There is a work-around for this type of property, called a Non-Homestead Affidavit

    ( different rules when a property was inherited or acquired prior to marriage )

    — Her signature is still required stating that the subject is not your homestead and she did not have an ownership interest in the property.

    Greg Srader
    Post count: 13

    I have had two title companies that did not require anything from my wife, but most of them do require her to sign a non-homestead affidavit. This is annoying to me because the affidavit is not recorded in public record, and the chain of title only shows me as the buyer and seller.

    Jason Barker
    Post count: 31

    Very helpful guidance. Thanks very much.

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