Will there be a problem if I buy a house and exclude my husband on the papers?
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Will there be a problem if I buy a house and exclude my husband on the papers?
Will there be a problem if I buy a house and exclude my husband on the papers?
Asked on May 17, 2009 under Real Estate Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If you are financing this transaction and the bank will approve you, and you alone, than you can buy the house in your own name, no problem.
However, depending on the circumstances, this still might be considered community property if you ever divorce. Also, if the money comes from your husband and he obtained that money illegally, your house could be seized. And even if your husband gave you money legally earned, if this transaction has some fraudulent purpose (ie to defeat the claims of creditors) the asset would be in jeopardy not to mention that you could open yourself up to civil and criminal liability.
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