If you’re going through a divorce in Texas and you’re moving out of the marital home, you might be thinking about buying a house so that you have both an investment and a new home.
You might want to wait on this decision until the divorce is final because buying a house during a divorce in Texas is usually difficult and sometimes not even allowed. Before you make this decision, find out if buying a house during divorce is possible for you.
Can You Buy a House While Going Through Divorce in Texas?
Buying a house during a divorce in Texas may be possible, but it’s rarely advisable. After all, Texas is a community property state, so any purchases you make during your marriage also belong to your spouse. This extends to your divorce, since you’re still legally together until the divorce is final.
If you’re okay with your spouse being entitled to half of the new property, then buying a house during divorce may be right for you. However, this will raise the issue of Texas divorce home ownership. Be sure to consult with the Houston property division attorneys at The Moffett Law Firm before you make any big decisions.
In many divorce cases in Texas, the judge puts standing orders in place. If you’re wondering — can I buy a house while going through a divorce? — you’ll want to know what standing orders are before you make this choice.
Essentially, these orders prohibit you from spending community funds on anything that isn’t a normal living expense, community debt, or legal fee for the divorce.
So this means buying a house during a divorce in Texas might not be allowed in your case. If you decide to violate the court order by buying a house during divorce anyway, there’s a chance the court will give all or a large portion of it to your spouse. Therefore, if you’re asking — can I buy a house before my divorce is final? — the answer is maybe, but be prepared to lose it, depending on how your case goes.
Is Buying a House in Texas Without Your Spouse Possible?
Keep in mind that there’s really no way to do it without involving your spouse. If you’re still legally married, your spouse will automatically be included on the loan, meaning he or she will have to go through a credit check just as you will. The title company will also request to have your spouse present during closing.
Clearly, buying a house in Texas without your spouse involved would be very difficult, as he or she would be seen as a part owner of the home in the eyes of the law.
Granted, as long as you have your spouse’s permission to make this decision, buying a house during divorce is possible. He or she would need to be willing to sign some forms first. So, if you need to know how to buy a house during a divorce, the easiest way is to make sure your spouse is on board with the idea.
In general, some individuals in Texas may be legally allowed to buy a house during a divorce, assuming the spouse approves. However, this move is rarely recommended.