Asked in Real Estate Law for Texas

Q: How can I buy real estate in TX without my wife being on the documents? Can she sign a waiver at closing?

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1 Lawyer Answer

A: You can certainly buy property without your wife being on the deed, but she will likely have a community property interest in the property anyway. You can buy property with a mortgage, without her on the note, but the bank will almost certainly require her to sign on the deed of trust, which secures payment of the note. If you're trying to make sure that the property is Not community property, talk to a lawyer about how to do that in your situation.

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