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Let's say I live in a community property state (Texas). My wife and I keep wages and finances in separate bank accounts.?
If I buy a house with only funds in my bank account, will the house be considered as separate property? Or is it community property, since the wages were earned while married?
5 Answers
- babyboomer1001Lv 76 years ago
It is community property because you bought the house while married. You are only entitled to keep it as your sole and separate property if you purchased the house prior to marriage. However, if it was not all paid off and community property money was used to pay some of the mortgage, then she might have an equitable interest in the house.
Source(s): Certified Paralegal, with 25+ years' experience & Have learned all about it over the last several years. - Mr PlacidLv 76 years ago
Anything either of you acquire while married, with the exception of inheritances and gifts, is community property. Your wages are community property, and her wages are community property. It doesn't matter whose name is on the bank account. The house is community property, because you acquired it while you were married.
- dog maLv 76 years ago
You can have your wife sign a disclaimer deed at your closing, stating that she has no rights or interest in the property. Otherwise, it is community property. It does NOT matter whose account, who earned the money, etc. It is not ever separate property unless she signs off on it at the time you close in front of a notary at the title company, and the disclaimer deed she signs is recorded at the county.
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- ?Lv 76 years ago
babyboomer1001 says it all.
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