Several reasons might nudge one towards buying a house independently in Texas. Whether it’s due to financial strategies, credit considerations, or personal preferences, the decision to fly solo in the home buying process is not uncommon. Texas law provides a framework that accommodates such decisions, but it’s essential to understand the legal implications and requirements.

Can a house be bought without a spouse?

If you’re looking to buy a house in Texas, you might be wondering if it’s possible to do so without your spouse.

The answer is yes, but there are some important things you need to know before making any decisions.

Texas, property acquired during the marriage is generally considered to be owned equally by both spouses due to the state’s community property laws. However, if you are purchasing a house using a conventional loan, you can buy the property in your name only.

To do this, your spouse will need to notarize a document at closing confirming they have no interest in the property being purchased.

This can be a viable option for individuals with separate funds they wish to use for the purchase or purchasing a property for investment purposes.

If you are applying for a government-backed loan, such as an FHA or VA loan, the lender will usually pull the credit reports of both you and your spouse, even if you’ve been separated from your spouse.

This is because these loans are designed to help borrowers who may not qualify for conventional loans, and lenders want to ensure that the borrowers can repay the loan. To ensure that borrowers have the ability to repay the loan, lenders typically require a thorough credit review of both individuals.

In Texas, due to community property laws, mortgage underwriters are required to consider the debts of both individuals during their evaluation, even if one spouse is not listed as a co-borrower. (only for government backed loans)

This can make it challenging for individuals to qualify for a government-backed loan without their spouse.

There is one exception – if you have a legal separation agreement signed and notarized, this could help you purchase a home with a government loan without having your spouse involved at all.