Re: Nonpurchasing spouse in community property state

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On 7/02/11, Shelly wrote:
> . my husband and I have been separated for well over 2 year
> and will soon get a divorce in about 6 months. We both
> reside in tx. I'm getting a mortgage solely in my name. We
> do not own any property together have no accounts together.
> our divorce will be uncontested. I'm getting an fha loan
> and heard he will have to pull his credit and sign docs. is
> there anyway around this in texas. we absolutely have no
> ties to one another and are splitting in agreement he will
> not live in the home and have no intentions on living
> there. is there a work around him having to pull his credit
> and be present at closing. I absolutely do not want his
> name anywhere on the loan deed title nothing. and he feels
> the same way . he has hardly no debts and the ones he do
> have was acquired before the marriage. please advise this
> is my first home and I don want anything effecting me being
> denied. Thanks

You'll need to talk to your lender, but the husband's
credit shouldn't be a condition to the lender making the
loan to you on the basis of your own credit. Nor should
your husband be required to be included as a grantee on the
title deed into you. However, the lender will rightly
require the husband to be a grantor with you on the deed of
trust because of Texas' homestead laws. The husband would
sign "pro-forma only," thereby indicating that the deed of
trust lien would have priority over his interest in the
community homestead. The husband would not be required to
sign the note to the lender. The lender shouldn't have a
problem with that.