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Texas is a Community Property State

By
Real Estate Agent with RE/MAX DFW Associates 0534986

Texas is a Community Property State

Community Property may be defined as all property acquired by either spouse during marriage.

EXCEPT

that which is the separate property of either. 

CONFUSED ??

Separate property may be defined as "All property owned or claimed by either spouse before marriage and also that acquired afterward by gift, devise or descent."

Okay, exactly what constitutes separate property is a question of fact because property acquired during marriage is generally presumed to be Community Property. Therefore, for the purpose of insuring title, the burden of proof is on the spouse who claims the property to be separate in nature. THEREFORE, any buyer seeking to purchase property in Texas by financing part of the payment for the property, must include the spouse on the Deed of Trust at closing. This enables the title company to insure the lender's lien on the property.

Posted by

Tracy Lee Parker

Broker Associate with
RE/MAX DFW ASSOCIATES

Servicing all of North & East Texas Areas for home selling, home buying, leasing & property management since 2005!  

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Lisa Walston
Atlas Property Group and Abbey Church Properties - Greenwood, IN

My daughter (an Indiana real estate agent) and son-in-law are conteplatng a move to Texas. I will be sure to pass this information on to them. Thanks.

Mar 29, 2010 12:25 PM
Karen Otto
Home Star Staging - Plano, TX
Plano Home Staging, Dallas Home Staging, www.homes

good info, each state differs.

Mar 30, 2010 01:02 AM
Melissa A. Wolff
RE/MAX by the Lakes - Wylie, TX
SFR

Good info - this question comes up often.  Thanks.

Apr 08, 2010 03:42 AM