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A home was purchased by an individual prior to marriage. After marriage, the individual wishes to refinance. Does the state of TX require each spouse sign on the loan refinance documents?

by thdg34176 from Hamlin, Texas. Feb 26th 2018 Reply

David Ortega (DavidOrtega)
#52 ranked lender in Minnesota - 231 contributions

Texas is one of the 9 community property states so, this may be required. It has a lot to do with how the divorce decree is constructed and how income taxes were filed prior to the divorce. It's not a very straight forward answer. A lot of title companies, even if the answers all point toward you qualifying to move forward without the x-spouse signature, may require their signature. All title companies and lenders may view your situation differently. We do a lot of divorce buyouts so we may be able to help you out. Shoot us an email ( if you'd like to connect with one of our loan officers.

Feb 26th 2018
William J Acres (William_Acres)
#73 ranked lender in Arizona - 8,728 contributions

Texas is a community property state.. so you are not required to obligate yourself for the mortgage, but if you don't sign for the mortgage, then you have to sign a disclaimer deed relinquishing any rights you have to the property. Because you are married, the home cannot be encumbered with another loan unless both spouses agree. I'm a preferred Lender with California and Arizona being my primary markets. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 NMLS# 226347 / RPM Mortgage NMLS 1541014 / AZMB0121893

Feb 27th 2018
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